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(영문) 수원지방법원 2020.01.17 2019고단6356
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

On October 25, 2012, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act in the Suwon District Court’s Ansan Branch on October 25, 2012, and was issued a summary order of KRW 5 million by the Suwon District Court on January 25, 2013 for the same crime, etc.

On September 21, 2019, at around 09:46, the Defendant driven a C Car with a blood alcohol concentration of at least 0.046% from the 10km section of the Central Highway, which is located in the Geumcheon-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, to the front side of the Ycheon-do, the Defendant driven a C Car with a blood alcohol content of at least 0.046%.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on arrest;

1. Report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking driver, and notification of the results of crackdown on drinking;

1. Records of judgment: Application of criminal history records, investigation reports (former record and confirmation reports), and copies of 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 with regard to the crime of this case 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 that of the latter.

Defendant has been punished for being exposed to drunk driving, etc. on two occasions.

However, it seems that the defendant recognized the crime of this case and divided his mistake, the blood alcohol concentration due to the drinking of this case is not high, and the defendant seems to have been driving of this case under the circumstance that he was under the circumstance that he was under the circumstance that he was under the circumstance that he was under the circumstance that he was under the circumstance that he was under the influence that he was under the influence that he was under the influence of drinking of this case, there are no other criminal records other than three times of fine, and the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result, etc.

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