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(영문) 수원지방법원 2019.11.21 2019고단5101

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 June 20, 2008, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 2, 2019, at around 01:15, the Defendant driven a DNA cruise car under the influence of alcohol by 0.109% from the 3km section of approximately 3km to the right line underground car located in the 88-10-dong, Y-dong, Ge-si, Suwon-si, Suwon-si, to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of records of drinking alcohol measurement, results of the regulation of drinking driving, reports on the state of drinking drivers, and investigation reports (report on the state of drinking drivers);

1. Previous records: The application of criminal records, inquiry 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 of Article 334(1) of the Criminal Procedure Act is that the Defendant, even though previous and one time, was driven under the influence of alcohol in this case, and the statutory penalty is raised, and the nature of the offense is not somewhat weak considering the purport of the amendment.

However, considering the fact that the defendant is led to confession and reflect, there is no record of criminal punishment that exceeds the fine yet, the defendant's age, attitude, environment, background and distance of driving, blood alcohol concentration, and circumstances after the crime, various sentencing conditions shown in the records and arguments shall be determined like the order.