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(영문) 수원지방법원 2018.10.30 2018고단5086
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 August 5, 2009 (the issuance of a summary order of KRW 700,000 in a fine of KRW 700,000 in a support for development of water sources on September 4, 2009), driving a motor vehicle under the influence of alcohol on August 14, 201 (the issuance of a summary order of KRW 3 million at the Seoul Central District Court on November 8, 2010), and violating Article 44(1) of the Road Traffic Act on at least two occasions.

On August 31, 2018, the Defendant driven a B-learning car at a section of about 200 meters from the front side of a bridge located in a e-mail Eup in the e-mail city to the front side of a e-mailing site in the e-mail city in the e-mail state while under the influence of alcohol content 0.170% during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the judgment of the same case) and statutes;

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 fact that the defendant recognized the crime of this case and divided his mistake, the last detection of the defendant by drinking was passed 8 years from the date of the crime of this case, and the power discovered in 2009 was found to have been 0.060% of the blood alcohol concentration due to drinking, and the fact that the defendant's age, sex, environment, motive, means and consequence of the crime of this case and other various circumstances that form the conditions for sentencing as shown in the record, such as the circumstances after the crime.

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