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(영문) 수원지방법원 2019.11.22 2019고단5200
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 May 4, 2017, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act by the Suwon District Court.

On September 10, 2019, the Defendant was under the influence of alcohol of 0.180% of blood alcohol concentration on September 10, 2019, and the Defendant was driving a Centent car at approximately six kilometers in approximately 51-3 kilometers from the route in which the wife population B is located in Young-si to the source intersection located in the same Gu water Dong 51-3.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on accident sites, and photographs of accident vehicles;

1. Statement on the circumstances of a drinking driver, investigation report (report on the status of a drinking driver), and records on the use of a drinking measuring instrument;

1. Previous for judgment: Application of criminal records, repeated statements and copies of summary order 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 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.

In light of the fact that the Defendant’s vehicle was considerably damaged by prior vehicles and guard days in the course of driving under the influence of alcohol in the instant case, it seems that the risk of the Defendant’s driving under the influence of alcohol in the instant case is not significant.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant has no other criminal records except for the two-time fine, and that there is no other criminal records, the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence, etc., the punishment as ordered shall be determined by taking into account the various circumstances that form the conditions of sentencing as shown in the records, such as the following circumstances

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