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(영문) 수원지방법원 2019.01.15 2018고단6472

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who driven a motor vehicle under the influence of alcohol on May 10, 2008 (the issuance of a summary order of KRW 1.5 million at the inn branch of the Suwon District Court on July 25, 2008), driven a motor vehicle under the influence of alcohol on August 17, 201 (the issuance of a summary order of KRW 3 million at the inn branch of the Suwon District Court on January 13, 201), and violated Article 44 (1) of the Road Traffic Act on at least two occasions.

Although the Defendant was under the influence of alcohol twice, on November 3, 2018, the Defendant driven a B-low-income vehicle under the influence of alcohol with approximately 200 meters of alcohol concentration of 0.218% from the section of approximately 200 meters of alcohol alcohol level to the front of the viewing distance of the Suwon-si, Suwon-si, which was located in the sub-section of the Suwon-si, from the sub-section of the Suwon-si, on November 3, 2018.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice and drives a vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver;

1. Statement on the circumstances of the driver, and response to requests for appraisal;

1. Records of judgment: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is that the defendant, who has had a record of driving not less than twice, drives a vehicle again, and the nature of the crime is not less than that of the crime, but more than that of the blood alcohol concentration due to drinking in this case.

However, the defendant recognized the crime of this case and divided his mistake, and the 2005 period of drinking driving of the defendant has passed since the date of the crime of this case for more than 10 years, and the 2008 period of 10 years from the date of the crime of this case for 2008.