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(영문) 수원지방법원 2020.05.15 2019고단7723
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

On November 12, 2018, the Defendant was issued a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act at the Sung-nam branch of Suwon District Court as a result of the violation of the Road Traffic Act.

On November 8, 2019, the Defendant driven DMW car at the distance of 9.8 km from the front of the road located in Seongbuk-gu, Sungnam-si, Sungnam-si to the entrance of the marina tunnel located in Jung-gu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, in a state of alcohol concentration of 0.151%, even though he had a drinking record as above, at around 23:45.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Report on the occurrence of the case, and report on the internal investigation;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the control of drinking driving;

1. Records of judgment: Application of criminal history records, inquiry reports, investigation reports (Attachment of judgment) and 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 a record of driving a drunk, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but the result of the blood alcohol concentration due to drinking in this case is higher.

Since the Defendant was punished as a drunk driving on November 2018, the possibility of criticism is a lot in that he/she re-driving approximately one year after he/she was punished as a drunk driving.

However, it is against the defendant's recognition of the crime of this case. At the time of the crime of this case, the defendant did not have any other criminal records other than three times a fine, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime of this case, and other circumstances which form 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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