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(영문) 수원지방법원 성남지원 2020.05.12 2020고단323

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

The defendant was sentenced to a fine of KRW 1.5 million at the Seoul Central District Court on September 28, 2009 due to a violation of the Road Traffic Act.

Nevertheless, at around 22:18 on January 22, 2020, the Defendant driven a DK7 passenger vehicle under the influence of alcohol concentration of approximately 0.149% from the section of about 10 km from the restaurant located in the Hanam-si B to the front road of the 14rd intersection in the Songnam-si, Gyeonggi-do.

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

Summary of Evidence

1. Defendant's legal statement;

1. Control note, report on the circumstances of a drinking driver, report on the results of the control of drinking and driving, the register of driver's licenses, and making an inquiry into the vehicle;

1. Previouss before judgment: Application of criminal records, references to criminal records, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Fine)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The fact that there exists the criminal records of a drunk driving, the blood alcohol concentration is high and the distance of a drunk driving is long, the risk of a drunk driving and circumstances favorable to the necessity of punishment: The recognition and reflect of crimes: the fact that the criminal records of a drunk driving have been prior to ten years, other circumstances shown in the arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of crimes, and conditions of sentencing as prescribed in Article 51 of the Criminal Act;