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(영문) 수원지방법원안산지원 2020.10.15 2020고단3232
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On July 15, 2008, the Defendant received a summary order of a fine of KRW 2 million from the Ulsan District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

Although the Defendant violated the provision prohibiting drunk driving as above, at around 00:40 on June 18, 2020, the Defendant driven C Abro-durged vehicle from the underground parking lot (B105 Zone) of the building B to the front day of the entrance blocking of the underground parking lot like B (B105 Zone) at approximately 15 meters away from the 15m section under the influence of alcohol level 0.229%.

As a result, the defendant has driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Relevant Acts concerning facts constituting a crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose a penalty;

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

1. In consideration of the risks inherent in drinking driving of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the previous drinking power of the defendant (a fine of two million won in 2008), blood alcohol level (0.29) at the time of the instant case, the drinking driving section (in the underground parking lot), the details of detection (in the underground parking lot), the change of the defendant (the purport that another driver was discovered in a diving state near the underground parking lot and tried to wait at the first floor after driving by proxy), and the degree of credibility thereof (in the first floor after driving by proxy), the sentence shall be determined as ordered by taking into account various sentencing factors such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime.

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