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(영문) 수원지방법원 2020.02.20 2019고단6845
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On April 11, 2008, the Defendant was issued a summary order of a fine of KRW 3 million at the Suwon District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On September 23, 2019, at around 14:10, the Defendant driven the E-Poter two cargo vehicles at approximately 6.2 km section with blood alcohol concentration 0.110% under the influence of alcohol at around 0.2 km from the parking lot of the Si of Osan-si to the roads in front of the gas station of the D-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification and output of the results of the drinking driving control, the circumstantial statement of a drinking driver, and investigation report (the circumstantial report of a drinking driver);

1. Previouss before judgment: Application of criminal records, inquiry reports, and summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, even though there are two times the records of criminal punishment due to drinking driving, was driving under the instant case, and the driving distance and the blood alcohol concentration level at the time were reasonable, and causes traffic accidents.

However, considering the fact that the defendant is led to confession and reflect, the above previous period of ten years has not yet exceeded the fine, the injury to the accident has not been relatively heavy, etc., and other various sentencing conditions specified in the records and arguments, such as the defendant's age, attitude, environment, driving circumstances, circumstances after the crime, etc., shall be determined like the order.

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