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수원지방법원 여주지원 2020.01.06 2019고단1037

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On August 27, 2010, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the credit branch of Suwon District Court on August 27, 2010, and a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the credit branch of Suwon District Court on April 8, 2019, respectively.

On October 12, 2019, at around 03:35, the Defendant driven a F typ vehicle with a blood alcohol concentration of about 10km from the front road of the “C” located in Sju City B to the front road of the “E” located in D in the same city to the front road of the “E” located in D.

Accordingly, even though the Defendant had a history of violating the prohibition of drinking driving, he again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report (report on the circumstances of a drinking driver), report on the situation of a drinking-driving and notification of the results of the control of drinking-driving;

1. 112 reported case handling table;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes on criminal records, investigation reports (verification of suspect A-like 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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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 order of provisional payment is that the Defendant once driven alcohol again even three times, and the blood alcohol concentration at the time was considerably high.

However, two of the defendant's drinking driving force shall be prior to 10 years.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.