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(영문) 수원지방법원 2020.01.30 2019고단6454

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 11,000,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On July 18, 2018, the Defendant received a summary order of KRW 1,50,000,000 from the Suwon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On October 23, 2019, even though the Defendant violated the prohibition of drunk driving, the Defendant again driven C-Wz car at approximately 0.046% of blood alcohol concentration from the drinking house around Suwon-si, Suwon-si to the front road of the same Gu from around 2.3km to around 2.3km.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol concentration;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (a copy of summary order);

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 has a record of being punished for a drunk driving in 2018, and the penal provision for a drunk driving was strengthened since June 25, 2019, and the Defendant also was able to easily have access to the aforementioned circumstances through the media, and there is a need for severe punishment in that he/she was a drunk driving in this case.

However, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant recognized the instant crime and divided his mistake; the Defendant has no record of punishment in excess of the fine yet; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the conditions of sentencing indicated in the record, such as the circumstances after the crime, etc.