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(영문) 수원지방법원 2019.05.01 2018고단7613
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On October 9, 2009, the Defendant received a summary order of KRW 700,000 from the Suwon District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, and on September 3, 2010, a summary order of KRW 2 million was issued by the Suwon District Court to a fine of KRW 3 million as a crime of violation of the Road Traffic Act.

On November 17, 2018, at around 00:15, the Defendant driven a DNA car with a blood alcohol concentration of about 0.07% in the section of about 2 km up to the front road of the Sungsung City B apartment, in a state of under the influence of alcohol by around 0.07%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Records of judgment: Application of Acts and subordinate statutes of Part II to criminal records, reply reports (A) and summary order;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (2) of the Road Traffic Act, which choose the penalty for the 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 had a record of driving under drinking not less than twice, drives under the influence of alcohol, and the quality of the crime is not weak.

However, the defendant recognized the crime of this case and divided his mistake, the blood alcohol concentration due to drinking of this case is not very high, and the defendant's drinking driving force has passed 8 to 9 years since the date of the crime of this case, and there was no record of punishment since 2010, and the defendant has been punished since then, the punishment as ordered shall be determined by taking account of various circumstances such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence, the circumstances after the crime of this case, etc.

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