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(영문) 수원지방법원 2020.04.17 2019고단8463
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 July 25, 2012, the Defendant was issued a summary order of KRW 2 million by the Suwon District Court due to a violation of the Road Traffic Act.

On September 28, 2019, the Defendant driven a motor vehicle with a eromatic alcohol level of 0.045% from the front of the Suwon-gu B apartment at Suwon-si to the front of the “D” located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, the Defendant driven a motor vehicle with a eromatic alcohol level of 0.045%.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Written request for appraisal, such as a report on the situation of driving under the influence of alcohol, and a written appraisal of blood alcohol;

1. Records of judgment: Application of criminal records, reply reports, investigation reports, and 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.

The defendant has been subject to punishment for being found to drive under drinking twice.

However, it seems that the defendant recognized the crime of this case and reflects the fact that the defendant, the blood alcohol concentration due to the drinking of this case was not high, the defendant seems to have been driving of this case under the circumstance that the defendant was under the situation that she was under the situation that she was under the circumstance that she was under the influence of the preceding math, and the 2009 of the defendant's drinking driving record was under the circumstance that 10 years or more from the date of the crime of this case, and there was no other criminal records other than the three times of fine, and the defendant has no other criminal records other than the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result, etc., as well as the circumstances after the crime.

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