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(영문) 수원지방법원안양지원 2020.11.13 2020고단1418

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On November 20, 2017, the Defendant was issued a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court.

【Criminal Facts】

around 22:58 on July 24, 2020, the Defendant: (a) started in front of the same Gu’s ordinary village while he was drunk with a blood alcohol concentration of 0.104%; and (b) driven a DM5 car from the section of approximately 1km up to the front and front of the crd road.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

On July 24, 2020, the Defendant driven DM5 vehicle under the influence of alcohol content of about 0.09% from a section of about 300 meters from the first floor of the building E to the underground first floor parking lot of the building E, in Gyeyang-gu around 23:47, 2020.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the driving under the influence of each owner;

1. Reporting of the results of the drinking driving control and the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act, each of the choice of penalty for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in a workhouse;

1. Scope of applicable sentences under law: Fines of 10 million won to 30 million won;

2. Although the Defendant, who was sentenced to a sentence, had a history of fine once due to drinking driving, once again driven a primary drinking, and the police officer, after crackdown, driven a secondary drinking driving in which he left the vehicle after driving the vehicle.

However, the second drunk driving is against the mistake, and the distance of movement is shorter as it moves the vehicle to its own parking area, and criminal punishment is not only once fine.