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(영문) 수원지방법원 2020.04.17 2020고단103

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 December 7, 2007, the Defendant was issued a summary order of KRW 2,500,000 by the Seoul Eastern District Court for the crime of violation of the Road Traffic Act.

On December 27, 2019, at around 20:10 on December 27, 2019, the Defendant driven B Poter II in the state of alcohol with a blood alcohol concentration of about 0.157 percent at the section of about 5 kilometers from the color-dong in Suwon-si to the roads near the Geumbrop, the 382-4, Silsan-si, Silsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol, and photographs;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of records, etc. of a suspect), and statutes;

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 defendant recognized the crime of this case and divided his mistake, the defendant's drinking driving record has passed more than 12 years since the date of the crime of this case, the defendant had no record of any other crime except two times of fine, and there is no record of punishment since 2009, and the defendant has no record of punishment. Other circumstances such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result, the circumstances after the crime of this case, etc. are considered, and the punishment shall be determined as ordered by the order.