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(영문) 수원지방법원 2020.11.27 2020고단6517

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

On March 10, 2017, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Suwon District Court's Ansan Branch for the crime of violation of the Road Traffic Act.

On September 10, 2020, at around 21:49, the Defendant driven a 5-meter lusent car at the 6th floor parking lot of Suwon-si, Suwon-si, Suwon-si, with a blood alcohol concentration of 0.15%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (CCTV image verification, etc.) and CCTV image photographs;

1. The place of the pulmonology test, the circumstantial statement of the pulmonary driver, and the investigation report (the circumstantial report of the pulmonary driver);

1. Records of judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report accompanied by a copy of a 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 of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is that the defendant, who has a record of driving a drunk, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but the result of the blood alcohol concentration due to drinking in this case is higher.

However, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the Defendant recognized the instant crime and divided his mistake; (b) the Defendant did not keep a distance from driving under the influence of alcohol; and (c) the Defendant did not have any other criminal records other than three times prior to a fine; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; (b) means and consequence of the crime; and (c) the conditions of sentencing indicated in