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(영문) 수원지방법원 2020.05.08 2019고단8446

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

On July 30, 2010, the Defendant received a summary order of KRW 2,50,000 from the Seoul Eastern District Court as a crime of violation of the Road Traffic Act.

On November 22, 2019, the Defendant, while under the influence of alcohol at 0.070% of blood alcohol concentration around 222:00, driven an E rocketing car at approximately 3 km from the cafeteria adjacent to the G Station in Sungnam-si to the Dhynam-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report (report on the circumstances of an immigration driver) and report on the circumstances of an immigration driver;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes attaching the same summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

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

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act, in addition to the previous conviction in the judgment, was sentenced to a fine for drunk driving even in 2005, and had two times the same records, but again committed the crime in this case is disadvantageous to the defendant.

On the other hand, the defendant appears to have the attitude of recognizing and opposing the crime of this case, and there is no other history of criminal punishment except for the punishment of fines twice due to the same kind of crime including the previous conviction in the judgment of the defendant, and there is no criminal punishment until the crime of this case is committed after being punished in 2010 as the previous conviction in the judgment of the court.

Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

The acquittal portion

1. The summary of the facts charged is about 7.5 km from the front of the F building in Seongbuk-gu, Sungnam-si to the front of the water zone D in Taenam-si under the influence of alcohol as stated in the above facts of the crime.