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(영문) 수원지방법원 안양지원 2020.03.26 2019고단2649

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

[Criminal Power] On March 9, 2012, the Defendant was issued a summary order of a fine of KRW 4 million at the Seoul Southern District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On December 13, 2019, the Defendant driven FMW car under the influence of alcohol by approximately 600 meters from a distance of about 00 meters from the front of a public parking lot in the vicinity of the C Station in Ansan-si to the front road in D, the Defendant driven the FMW car under the influence of alcohol level of about 0.09%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking driving, inquiry into the results of the crackdown on drinking driving, reporting on the circumstantial statements of drinking drivers, and inquiry report;

1. Previous convictions in judgment: Application of investigation reports (related to the suspect's drinking power and punishment standards) 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 is 【The scope of applicable sentences under the law】 A fine of KRW 10 million from 20 million to 20 million from 10 million as stated in the first head of the criminal facts stated in the judgment of the defendant. Although the defendant’s blood alcohol concentration level cannot be said to be lower than 0.099%, the defendant’s mistake is recognized, the distance of drinking driving is not 600 meters from 60 meters from her previous drinking driving, and the defendant had re-driving for more than 8 years from her previous drinking driving. The defendant had no specific criminal records, and the defendant's age, character and conduct, motive, means and consequence of the crime, and circumstances after the crime, etc., considered all the circumstances that form the conditions for sentencing as shown in the arguments of this case, such as the defendant's age and character, motive, means and result of the crime.