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(영문) 수원지방법원 성남지원 2019.05.28 2019고단417

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 18, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Seoul Northern District Court on July 18, 2012. On December 16, 2013, the Defendant received a summary order of KRW 4 million for the same crime from the Sungwon District Court's Sungnam branch.

On February 19, 2019, at around 02:59, the Defendant driven a CMW 120d car from approximately 5 km section from 0.08m to 0.08% of blood alcohol level.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection;

1. The circumstantial statement of the employer-employed driver and the circumstantial report of the employer-employed driver;

1. Notification of the control of drinking driving;

1. The user ledger of the measuring instruments for drinking;

1. Reports on internal investigation and investigation reports;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

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;