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(영문) 수원지방법원 2020.04.23 2019고단8234

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 14 million.

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

Reasons

Punishment of the crime

[Criminal Power] On April 9, 2007, the Defendant was issued a summary order of KRW 500,000 as a crime of violation of the Road Traffic Act at the Cheongju District Court.

【Criminal Facts】

On December 11, 2019, at around 01:17, the Defendant: (a) driven a car under the influence of alcohol with approximately 300 meters alcohol concentration of about 0.112% in the section from the front of the Gyeonggi-si Suwon-si, Gyeonggi-si, to the roads before the D restaurant located in the Gyeonggi-si, Gyeonggi-si; and (b) driven the car.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as criminal records, investigation reports (verification of criminal records of the same kind of suspect), summary orders;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant re-offending despite the fact that the Defendant had been punished several times due to drunk driving; (b) the blood alcohol concentration is not low; and (c) the occurrence of traffic accidents is unfavorable to the Defendant; (d) the Defendant recognizes and seriously reflects the Defendant’s crime; and (e) there is no particular damage due to traffic accidents; (c) the above drinking driving criminal record is the previous offense of a fine; (d) the last criminal record is the previous offense of a fine for 2007; and (e) there is no other criminal record, taking into account the circumstances favorable to the Defendant; and (e) the fact that there