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(영문) 수원지방법원안양지원 2020.10.23 2020고단1485

도로교통법위반(음주운전)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On November 26, 2004, the Defendant was issued a fine of KRW 700,000 as a crime of violation of the Road Traffic Act at the Suwon District Court on November 26, 2004, and a fine of KRW 1,50,000 as a same crime from the Gyeyang Branch of the Suwon District Court on September 16, 2015.

【Criminal Facts】

On July 18, 2020, around 00:30, the Defendant driven an Ebea cruise car at approximately KRW 0.119% alcohol level from the front side of the C cafeteria located in Guang-si B to the D king-si underground parking lot of the D apartment.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.

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 records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes reporting criminal investigations (the same criminal records against a suspect);

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

1. Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in a workhouse;

1. Scope of applicable sentences under law: Fines of 10 million won to 20 million won;

2. The defendant who was sentenced to a sentence had a history of fine twice due to drinking driving again, driving under the influence of alcohol.

However, it is recognized that there is a mistake, and the record of drinking driving has no record of imposition of a large fine before five years, there is no record of criminal offense exceeding a fine, and other various sentencing conditions shown in the records shall be determined as the same as the order.