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(영문) 수원지방법원 성남지원 2020.01.08 2019고단2531

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

[Criminal Power] On March 25, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violation of the Road Traffic Act in the Busan District Court’s Vice-Support.

【Criminal Facts】

On September 25, 2019, at around 23:17, the Defendant driven a DNA car under the influence of alcohol level of about 0.128% in the section of approximately 700 meters from the front of Gwangju City to the front of the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Any report of control details, the results of the control of drinking driving, the report on the assessment of blood alcohol, and the report on the results of the control of drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal 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 punishment power other than criminal power in the judgment.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the motive, means and consequence of the crime, the character, conduct and environment of the defendant, the progress of the situation before and after the crime, and various circumstances that are the conditions of sentencing as shown in the arguments in