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(영문) 수원지방법원 성남지원 2020.02.05 2019고단2650

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On January 9, 2017, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court.

【Criminal Facts】

Around 00:00 on October 7, 2019, the Defendant driven a DNA SM6 car from a section of about 500 meters from the front side of Seongbuk-gu, Seongbuk-gu, Sungnam-si to the front side of the building, Sungnam-gu, Sungnam-gu, Seoul-si, with a alcohol level of 0.165%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, and inquiry into the control of drinking under the influence of alcohol;

1. Registers of driver's licenses, chassiss, and mandatory insurance;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of sound driving records);

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. A normal drunk driving that is disadvantageous to the reason for sentencing under Article 334(1) of the Criminal Procedure Act is a crime that may pose a threat to traffic order by itself, and may cause serious personal and material damage, such as the occurrence of a traffic accident.

Although the Defendant had a record of being punished for a fine due to drinking driving, as stated in the records of the crime record, he again committed the crime of drinking driving in this case.

At the time of the instant crime, blood alcohol concentration is high.

In favor of the favorable normal defendant, the defendant recognized his criminal liability, and shows the form of reflection.

It seems that the crime of this case did not cause a traffic accident.

There is no criminal history that the defendant is punished by a suspended sentence of imprisonment or heavier, or is punished by a drunk driving, except the criminal records.

In addition, the motive, means and result of the crime, the character, character and environment of the defendant, the situation before and after the crime, etc. are shown in the argument of this case.