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(영문) 수원지방법원 2020.01.22 2019고단6672

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 October 8, 2015, the Defendant was issued a summary order of KRW 3.5 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

On September 2, 2019, the Defendant driven an EM520 vehicle from the underground parking lot of the building with the wife population B to D located in the same Gu C, in a state of under the influence of alcohol of 0.032% of blood alcohol concentration at around 22:10 on September 2, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. One copy of investigation report (report on the situation of a drinking driver), output of the result of the measurement of drinking alcohol, and one copy of the inquiry inquiry;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of the same records as suspects), and application of Acts and subordinate statutes of one summary order;

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

1. Article 53 and Article 55(1)6 of the Criminal Act for discretionary mitigation (see, e.g., the reflection, the blood alcohol concentration is not relatively high, the previous convictions of the same kind and one time, the previous convictions of which have passed for at least four years, and there has been no history of punishment exceeding the fine, and the occurrence of an accident);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;