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(영문) 수원지방법원 2020.01.30 2019고단6464

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On March 10, 2008, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court's Branch on March 10, 208.

【Criminal Facts】

On October 22, 2019, at around 19:10, the Defendant driven a esch-sports cargo vehicle under the influence of alcohol with approximately 0.147% of blood alcohol concentration in the section of approximately 200 meters from the 19:10-round 19:10 to the front road of D real estate located in the infinite Si-Eup in Suwon-si B.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports (formers and confirmations) and 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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order has the history of having been punished three times or more due to drunk driving, and since June 25, 2019, the penal provision for drunk driving has been strengthened, and the Defendant was also able to easily have access to the aforementioned circumstances through the media, etc., and there is a need to impose severe punishment in that he/she was making the instant drunk driving.

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 Defendant has no record of punishment in excess of the fine yet; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the conditions of sentencing indicated in the record, such as the circumstances after the crime, etc.