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(영문) 수원지방법원 평택지원 2020.04.24 2019고단2002

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On February 14, 2014, the Defendant was sentenced to a fine of KRW 1.5 million for the violation of the Road Traffic Act in the Suwon District Court's Eunpyeong site site.

On November 19, 2019, at around 23:30, the Defendant driven a B-Adi vehicle under the influence of alcohol leveling 0.052% of alcohol level to the road front of the 265km of the Yannam-gu, Yannam-gu, Yannam-gu, Seocheon-gu, Seocheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of criminal records of the same kind as a suspect), and application of statutes on attached data;

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. According to Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc.:

Unfavorable circumstances: The fact that the driver re-drivings a motor vehicle even though he had had the power to be punished for a drunk driving, and the driving distance was long, especially the high risk of the driver's driving on an expressway, and the circumstances favorable to the fact that there are many traffic-related criminal records other than the above drunk driving: The confession and reflects the crime, and the blood alcohol concentration level at the time of detection is relatively low.