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(영문) 수원지방법원 2021.01.15 2020고단5625
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On March 18, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court.

Nevertheless, on July 15, 2020, the Defendant driven a 2 km Rastren car at the area of Suwon-si B Building parking lot in Suwon-si, Suwon-si, the alcohol concentration of which is 0.219%, while under the influence of alcohol during blood around 00:25 on July 15, 2020.

Accordingly, the Defendant violated the prohibition clause of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Statement report, investigation report (report on the situation of the driver in charge of driving), notification on the results of regulating the driving of drinking alcohol, and written appraisal of the driver in charge of driving;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, and a summary order of Daejeon District Court No. 2008 High Court No. 3990

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, even though the defendant had been punished for driving alcohol as stated in its reasoning, committed the instant crime again, and in light of the defendant’s blood alcohol level at the time of the instant crime, there was a very high risk of traffic that the defendant caused, and the fact that there was no motive or circumstance to take into account the commission of the instant crime is disadvantageous to the defendant.

On the other hand, the defendant seems to have an attitude to recognize and reflect the crime of this case, and the fact that the defendant had no record of punishment for drinking for not less than 10 years from the previous conviction to the crime of this case is favorable to the defendant.

Other circumstances shown in the records, such as the age, sex, motive and background of the crime, results and circumstances of the crime, etc., shall be determined as per the order.

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