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(영문) 수원지방법원 2019.01.15 2018고단6452
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

The Defendant driving a motor vehicle under the influence of alcohol on August 31, 2008 (the issuance of a summary order of KRW 1 million at the Suwon District Court on October 24, 2008), driving a motor vehicle under the influence of alcohol on January 4, 2010 (the issuance of a summary order of KRW 2 million at the Suwon District Court on April 30, 2010), and violating Article 44 (1) of the Road Traffic Act twice or more.

Nevertheless, at around 23:19 on October 23, 2018, the Defendant driven BM5 car in the state of alcohol with approximately 20 meters alcohol concentration of approximately 0.123% from the public parking lot of 13-6 Mansan-ro to the front road of the Osan-si 11 Masan-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Voluntary report;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Records of judgment: Application of inquiry reports, including criminal records, and investigation reports (former and previous report on confirmation) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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 crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, who has had a record of driving not less than twice of drinking, drives a vehicle again, and the quality of the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due to drinking in this case.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, the 2008 period of drinking driving of the defendant has passed since the date of the crime of this case, and other various circumstances, such as the defendant's age, character and conduct, environment, motive, means and result of the crime of this case, and the conditions of sentencing as shown in the records, such as the circumstances after the crime, shall be determined as ordered.

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