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(영문) 수원지방법원 2020.01.17 2019고단6214

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

On February 14, 2017, the defendant was issued a summary order of a fine of KRW 4 million at the Suwon District Court for a violation of the Road Traffic Act in the same criminal and two times before the same offense.

At around 08:20 on September 21, 2019, the Defendant driven B SP car from the 700-meter section to the front road of the Suwon Art Exhibition Center located in 893, as it was under the influence of alcohol with a blood alcohol concentration of 0.03% at the river of Suwon-gu, Suwon-gu, Suwon-si, Suwon-si, which was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the circumstantial statement of a drinking driver, report on the state of a drinking driver, report on the repulmonary assessment results, and report on the results of drinking control;

1. Records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of related judgments) and statutes;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case is that the defendant, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not that of the latter.

Defendant has been punished for being exposed to drunk driving, etc. on two occasions.

However, the fact that the defendant recognized the crime of this case and divided his mistake, that the blood alcohol concentration due to the drinking of this case shows that the number of the blood alcohol concentration due to the drinking of this case shows several times of meeting the standard values prohibited from driving, that the defendant had been engaged in driving of this case under the situation that the deliberation due to the drinking of the preceding day was resolved less than the previous one, and that there seems to be some circumstances of taking into account the circumstances. The defendant has no history of being punished more than the suspension of execution, and the age, character, environment, motive and circumstance of the crime, means and result of the crime, etc. of this case after the crime.