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(영문) 수원지방법원 2020.04.24 2020고단126
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 19,000,000 won.

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

Reasons

Punishment of the crime

On February 19, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million as a fine in the same court on August 12, 2013.

Despite the fact that the Defendant violated the provision prohibiting driving under the influence of alcohol, the Defendant driven B-low-income vehicle under the influence of alcohol with approximately 100 meters from the back of the viewing to the front of the viewing in Suwon-si, Suwon-si, Suwon-si, on January 4, 2020, in a section of approximately 100 meters from the back of the viewing to the front of the viewing.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Notice of records of the measurement of drinking alcohol, results of the regulation of drinking driving, circumstantial statements of drinking drivers, and investigation report (report on the status of drinking drivers);

1. Records of judgment: The references to criminal records, references to criminal records, reports on the results of confirmation before and after each disposition, and the application of Acts and subordinate statutes governing summary orders;

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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order 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 less than that of the crime, but not less than that of the blood alcohol concentration due to the drinking alcohol in this case.

The defendant has been punished for a fine because he/she was found to drive under drinking three times.

However, it appears that the defendant recognized the crime of this case and divided his mistake, the defendant was driving a relatively short distance to move parking, and some of the circumstances can be considered. Two times of the defendant's drinking driving force has passed since the date of the crime of this case, and the defendant's age, character and conduct, and other circumstances.

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