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(영문) 수원지방법원 2020.03.12 2019고단7159

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

[Criminal Power] On October 13, 2007, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court.

【Criminal Facts】

On November 1, 2019, at around 22:30, the Defendant, while under the influence of alcohol of 0.109% of blood alcohol level, driven BMF6 car from the restaurant on the mutual non-fluoron of the wife population in the Shindong-dong, GM6 car from approximately 7km to the front of the Mungdong-dong, Sinungdong-dong.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment) and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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 that the defendant was subject to criminal punishment due to drunk driving, and the driving distance and the blood alcohol concentration level at the time were also reasonable. Considering the risk of the occurrence of the accident, the nature of the crime is not easy.

However, considering the fact that the defendant is led to confession and reflect, and that there was no record of criminal punishment for the last ten years, the punishment is determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, circumstances after the crime, etc., and various sentencing conditions in the records and arguments, such as the defendant's age, attitude, circumstances after the crime, etc.