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(영문) 수원지방법원 2020.05.15 2019고단7710
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

On June 8, 2016, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

On November 8, 2019, at around 00:35, the Defendant, as a person who violated the prohibition of drunk driving, drives a D low-speed car at approximately 550 meters away from the 550m section of “B apartment” road to the “B apartment” road, with blood alcohol concentration of 0.086%.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of a violation of the Road Traffic Act;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the control of drinking driving;

1. Investigation Report - Statements of proxy engineer E at the time of driving the suspect;

1. Records of judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of a suspect's drunk driving);

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.

In light of the fact that the defendant had considerably damaged the rail and fountain in the apartment complex in the course of driving under the influence of alcohol in this case, it seems that the risk of driving under the influence of alcohol in this case is not significant.

However, the defendant recognized the crime of this case and divided his mistake, the defendant was driven after having arrived in the apartment complex which is a residential apartment complex using his substitute driving, and there are some circumstances to consider the situation. There are no other criminal records other than the above one fine prior to the above one fine, and the defendant has the age, character, environment, motive and circumstance of the crime, and means of the crime.

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