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(영문) 수원지방법원 2018.10.11 2018고단4589

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who driven a motor vehicle under the influence of alcohol on August 13, 2009 (the issuance of a summary order of KRW 1.5 million at the Suwon Friwon on December 18, 2009), who driven a motor vehicle under the influence of alcohol on August 6, 201 (the issuance of a summary order of KRW 2.5 million at the Suwon Friwon Friwon on August 17, 201), and violates Article 44(1) of the Road Traffic Act on at least two occasions.

On July 24, 2018, around 01:08, the Defendant driven a motor vehicle E with approximately 200 meters wide from the front of the Defendant’s house B in Suwon-si to the front of D in Suwon-si, Suwon-si, with alcohol content of about 0.061% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of a primary driver;

1. Statement report on the circumstances of a driver who is placed in driving, notification on the results of crackdown on drinking driving, and appraisal report on alcohol during blood;

1. Records of judgment: Application of an inquiry letter, such as criminal history, and an investigation report (prior conviction and confirmation of drinking driving) statute;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the crime of this case is that the defendant, who has had a record of driving a drinking not less than twice in the case of the crime of this case, once or more, drives a second alcohol, and the nature of the crime is not exceptionally applied.

However, it appears that the defendant recognized the crime of this case and divided his mistake, not the high level of alcohol concentration during blood due to the drinking of this case, but the defendant was driving under the influence of the water in his residence for a certain period of time after the completion of drinking, not immediately after the completion of drinking, and there seems to be some circumstances to consider the situation. The defendant was discovered by driving at around 201, and there was no record of committing other crimes until seven years have passed from the date of the crime of this case, and the defendant's age, sex, environment, and environment.