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(영문) 수원지방법원 2020.10.16 2020고단4709

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 November 4, 2011, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act by the Seoul Central District Court.

At around 23:00 on May 26, 2020, the Defendant driven DMW car in the state of alcohol with approximately 0.042% of blood alcohol concentration at the section of approximately 1k from the Do near the sperm Station located in Sungnam-si Seoul Metropolitan City to the roads in the Gam-si B apartment Cdong.

Accordingly, the defendant violated the Road Traffic Act prohibition regulations at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the results of the crackdown on drinking driving, investigation report (report on the circumstances of the drinking driver), and circumstantial statement of the drinking driver;

1. Records of judgment: Application of criminal records, reply reports, and copies of judgment-making Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (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 with regard to the crime of this case is that the defendant, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not that of the latter.

However, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant recognized the instant crime and divided his mistake; the volume of blood alcohol concentration due to drinking of the instant case is not high; the Defendant’s records of driving alcohol has passed for more than eight years from the date of the instant crime; the Defendant has no criminal records other than twice prior to the instant crime; and the Defendant has no other criminal records; and other circumstances, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence, the circumstances after the crime, etc., which form the conditions for sentencing as recorded in the records.