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(영문) 수원지방법원 성남지원 2018.06.21 2018고단357

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On July 2, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on July 2, 2008, and a summary order of KRW 2.5 million for a fine of KRW 6 million for the same crime from the inside of the Suwon Friwon, and from August 6, 2010 for the same crime.

Although the Defendant had been punished twice or more as a crime of violating the Road Traffic Act (drinking), the Defendant driven a C-car on January 20, 2018, in the state of alcohol concentration of 0.176% in the blood transfusion around 03:06 on January 20, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the witness D;

1. Results of appraisal and investigation report (the main driver's report on the circumstances);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (applicable laws, etc.);

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

1. Selection of a selective fine (such as the fact that the defendant is deemed to drive a motor vehicle in the underground parking lot of a building which is not a road, the fact that the defendant is against drinking driving, and the fact that the proxy engineer at the time arrives at the place of this case);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of the facts charged reveals that the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as stated in the facts constituting an offense, but, on January 20, 2018, at around 03:06, the Defendant driven a C car with a volume of approximately 300 meters up to the 2nd underground parking lot of the same building on the roads of Sungnam-si, Sungnam-si, the 0.176% alcohol level, while under the influence of alcohol leveling around 03:06 on January 20, 2018.

2. As to whether the Defendant started driving on the road in front of the water of the above heading 1, and driven on the second floor parking lot of the underground level up to 300 meters.

The main evidence of this issue is D's testimony and D'.