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(영문) 수원지방법원 2020.04.03 2019고단7392
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

On October 12, 2017, the Defendant was issued a summary order of KRW 1,500,000 by the Suwon District Court as a crime of violation of the Road Traffic Act.

On October 30, 2019, the Defendant, at around 00:29, driven a D low-speed car with a blood alcohol content of about 0.164% in the section of approximately 1 km from the day after the main point of “C” located in Suwon-si B, Suwon-si, and the same temporary border on the road to the day before the viewing of water sources located in 241 at the same time.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver;

1. The circumstantial statement, investigation report, and statement of blood alcohol alcohol of the drinking driver;

1. Records of judgment: Application of criminal records, inquiry reports, and summary order 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.

Since the Defendant was punished for drinking driving on around October 2017, the Defendant committed the instant crime again for about two years after being punished for drinking on or around October 2017, there is a lot of possibility of criticism.

However, the defendant recognized the crime of this case and divided his mistake, and the defendant did not have any other criminal records other than the above one-time fine, and the defendant has no other criminal records, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, 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

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