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(영문) 수원지방법원 2020.04.02 2020고단435
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On August 8, 2018, the Defendant received a summary order of KRW 6 million as a crime of violation of the Road Traffic Act (driving) from the Suwon District Court.

【Criminal Facts】

On December 29, 2019, the Defendant, while under the influence of alcohol of 0.189% of blood alcohol content, driven B rocketing car at the section of approximately 6.9 km from the 11m-ro 38mp to the 11mp from the beginning of the Seocho-gu Seoul Special Metropolitan City to the 38m-ro 11mp to the beginning of the Singu Office building.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of drinking drivers and records of the use of a drinking gauge;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions in judgment: Foreign crimes and investigation experience data inquiry, and application of Acts and subordinate statutes attached to the same summary order;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the selection of fines for criminal facts (the following favorable circumstances among the reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are as follows; comprehensively taking account of the following circumstances and various circumstances, including the defendant’s age, character and conduct, environment, and circumstances after the crime, the sentence as ordered.

Since the unfavorable normal drinking driving is a very dangerous crime that may cause unexpected behaviors to the life and family of others as well as himself/herself, it is necessary to punish it strictly.

In around 2018, the Defendant had already been punished for drunk driving as stated in its reasoning, and the penal provision for drunk driving has been strengthened since June 25, 2019, and the Defendant was also able to easily understand the above circumstances through the media, etc., but was able to continue to drive the instant drunk driving.

At the time of the drinking driving of this case, the blood alcohol concentration level of the defendant is very high.

The defendant's mistake in a favorable normal situation.

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