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(영문) 수원지방법원 2018.11.22 2018고단6129
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

The Defendant driving a motor vehicle under the influence of alcohol on March 3, 2007 (the issuance of a summary order of KRW 1.5 million at the Suwon Friwon on May 11, 2007), driving a motor vehicle under the influence of alcohol on February 6, 2009 (the issuance of a summary order of KRW 2.5 million at the Suwon Friwon on June 12, 2009), and violating Article 44(1) of the Road Traffic Act on at least two occasions.

On September 28, 2018, the Defendant driven a motor vehicle with low alcohol level of about 200 meters from the road near Suwon-si, Suwon-si, which is under the influence of alcohol level of 0.185% at around 23:45, to the front road of the Suwon-si, Suwon-si, Suwon-si.

As a result, the Defendant, while under the influence of alcohol more than twice, driven a motor vehicle again while under the influence of alcohol despite the power of driving a motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of a primary driver;

1. Notification of the results of regulating drinking driving;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, and a copy of summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the crime of this case is that the defendant, who has had a record of driving a drinking not less than twice, drives a second alcohol, not less than that 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 defendant recognized the crime of this case and divided his mistake, and around 2007 among the defendant's driving force of drinking alcohol of this case 10 years or more from the date of the crime of this case. The defendant did not have any record of committing another crime after nine years has passed since he was punished by a fine due to drinking driving in 2009, and records, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, etc.

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