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(영문) 수원지방법원 2020.04.17 2019고단7103
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

On August 22, 2008, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court due to a violation of the Road Traffic Act.

On October 26, 2019, at around 06:00, the Defendant driven a motor vehicle under the influence of alcohol with a blood alcohol concentration of about 16 km from around 09:57 on the same day to the front road of Ansan-si, Seoul Special Metropolitan City, the Defendant driven a motor vehicle under the influence of alcohol with a blood alcohol concentration of 0.046%.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. The circumstantial statement of the driver, the investigation report, and the written appraisal of blood alcohol;

1. Records of judgment: Application of inquiry reports, such as criminal records, and investigation reports (former and current 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 with regard to the crime of this case is that the defendant, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not that of the latter.

The defendant has been subject to punishment for being found to drive under drinking twice.

However, it seems that the defendant recognized the crime of this case and divided his mistake, the blood alcohol concentration due to the drinking of this case is not high, and the defendant seems to have been driving of this case under the circumstance that the defendant was under the circumstance that she was under the circumstance that she was under the circumstance that she was under the influence of the previous drinking, the defendant's history of driving under the influence of alcohol was 11 years or more from the date of the crime of this case, and the defendant did not have any other criminal records other than three times of fine, and the defendant has no other criminal records, such as age, character and behavior, environment, motive and background of the crime, means and result of the crime, and circumstances after the crime.

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