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(영문) 수원지방법원 2020.04.24 2020고단324
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

On April 28, 2010, the Defendant was sentenced to a suspended sentence of two years at the Jeonju District Court for the crimes of violation of the Road Traffic Act.

On December 27, 2019, at least 00:30 on December 27, 2019, the Defendant driven a DNA strawing car with the blood alcohol concentration of about 0.187% from the 1km to the c convenience store in the same city from the cafeteria Station located in the Sinsan Sinsan City, to the c convenience store in the same city B, and conducted a violation of the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Records of ruling: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of power judgment) and 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.

In light of the fact that the Defendant was faced with other vehicles while driving under the influence of alcohol in the instant case and was faced with the parts of the stairs front of the convenience store, it seems that the instant drinking driving did not seem to have much danger.

However, the fact that the defendant recognized the crime of this case and divided his mistake, the defendant did not have any other criminal records except the above one-time fine, the defendant's drinking driving force has passed for more than nine years from the date of the crime of this case, and the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result, etc. are various conditions of sentencing as shown in the records.

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