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(영문) 수원지방법원 2019.09.20 2019고단3870
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

On November 16, 201, the Defendant received a summary order of KRW 2 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million from the same court on January 16, 201 to a fine for the same crime.

On July 14, 2019, the Defendant, as a person with the power of violating Article 44(1) of the Road Traffic Act, driven a DNA car at a section of about 30 meters from the front of the apartment site B, to the same apartment C-dong parking lot, while under the influence of alcohol by 0.167 percent of the blood alcohol concentration on July 14, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. List of reports on the state of running a motor vehicle under the influence of alcohol and handling cases reported 112;

1. Scenes images of CCTVs for crime prevention at the scene of driving under influence of a suspect (the surface of a suspect under influence of alcohol);

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Records of judgment: Application of two copies of a statement of criminal history records, a summary order, and a copy of the summary order to two 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 on the ground of sentencing of the provisional payment order is that the defendant, who has had a record of driving not less than twice, drives a vehicle again, and the nature of the crime is not less than that of the crime, but more than that of the blood alcohol concentration due to the drinking of this case.

However, the following circumstances are considered: (a) the Defendant recognized the instant crime and divided his mistake; and (b) the Defendant appears to have driven a relatively short distance to park; and (c) the Defendant has no other criminal records other than the aforementioned two-time fine; and (d) the Defendant has the criminal records other than the aforementioned two-time fine, taking account of various circumstances, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence, and the circumstances after the crime.

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