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(영문) 수원지방법원 2019.03.28 2018고단7047

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence for six months as a crime of obstruction of the performance of official duties in the Daejeon District Court’s Branch on September 28, 2017, and is currently under suspended sentence for six months. The judgment became final and conclusive on October 11, 2017.

【Criminal Facts】

On November 28, 2018, at around 2:15, the Defendant driven a DMW car while under the influence of alcohol of about 0.07% of alcohol concentration at approximately 1.5km from the north Square adjacent to the Square, which is located in the GP return dong, to the neighboring road of the 1.5km city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control (A);

1. Requests to reply to criminal records, etc., undispositioned statements, reports on results of confirmation, and application of Acts and subordinate statutes of the judgment; and

1. Relevant legal provisions and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Articles 70 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 of the provisional payment order is that considering the fact that the defendant had been punished for drunk driving even though he had the record of being punished for drunk driving, and that he has been under the suspension of the execution, the defendant should be punished with severe punishment. However, considering the fact that 10 years have passed since he was punished for drunk driving and that he was under the suspension of the execution due to this type of crime, the sentence shall be