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(영문) 수원지방법원 2020.04.03 2019고단7177
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On April 30, 2010, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the Suwon District Court.

On November 5, 2019, at around 00:55, the Defendant driven a DNA car with a blood alcohol concentration of about 0.158% from around 01:05 on the front of Suwon-si B apartment on the same day to the front road of Suwon-si, Suwon-si, and around 01:05 on the same day.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol and a list of cases 112;

1. Statement on the circumstances of a drinking driver, report on the results of the drinking driving control, and a drinking record tag;

1. Records of judgment: Application of criminal history records, reply reports, investigation reports (former and current Acts and subordinate statutes);

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 on the ground of sentencing of the provisional payment order is that the defendant, who has a record of driving a drunk, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but the result of the blood alcohol concentration due to drinking in this case is higher.

However, the defendant recognized the crime of this case and divided his mistake, the defendant did not have any other criminal records except four times of fine, and the defendant's drinking driving force has passed nine years or more from the date of the crime of this case, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result, etc., the punishment as ordered shall be determined by taking into account the various circumstances, which form the conditions of sentencing as shown in the records, such as the defendant's age, character and behavior, environment

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