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(영문) 수원지방법원 여주지원 2021.03.23 2020고단1355

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 history] On May 27, 2019, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (driving in Drinking) in the support of the Friwon Friju.

[2] On November 27, 2020, the Defendant driven a F E business vehicle under the influence of alcohol level of about 0.063% during blood alcohol level at approximately 200 meters from the Do front of the C Hop, which is located in Gyeonggi-si B, to the front road D.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the previous confirmation thereof) statute;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, committed a second offense without being aware of a fine of KRW 1.5 million due to driving of drinking alcohol on May 2019.

The defendant is under drinking repeatedly and repeatedly in a short period, and his responsibility is not weak.

However, the defendant reflects the wrong and will not further repeat the crime in the future.

The alcohol concentration in the blood of the defendant was not higher than 0.063%, and the distance of the vehicle at the time was shorter than 200 meters.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, background, circumstances after the crime, etc., shall be comprehensively considered, and the punishment shall be determined as per the order.