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(영문) 수원지방법원 2020.03.05 2019고단7007

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 December 24, 2010, the Defendant was issued a summary order of KRW 4 million by the Suwon District Court for the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Non-licensed Driving).

【Criminal Facts】

On October 29, 2019, the Defendant, despite the foregoing, driven a motor vehicle Eystren in the direction of about 1 km from the front of the wife population B, in the state of under the influence of alcohol of 0.070% of blood alcohol level, to the front road of the wife population C at Chicago-si, on the roads from the front of the wife population B, to the front road of D in the wife population C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, records of the control of drinking driving, and output of a drinking measuring instrument;

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

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the Defendant, even though there are two times the past records of criminal punishment due to drunk driving, was running the instant drunk driving, and even six times the previous convictions due to without a license (including suspension of execution of sentence), and the crime related to driving is repeated.

However, in light of the fact that the defendant is led to confession and reflect, and that the blood alcohol level was relatively low at the time of the case, the fine shall be determined only once, taking into account the fact that the blood alcohol level was not relatively high. In addition, comprehensively taking into account the defendant's age, attitude, environment, background and distance, circumstances after the crime, etc., and various sentencing conditions as shown in the records and arguments, the punishment shall be determined as ordered.