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(영문) 수원지방법원 2020.04.10 2019고단8443
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 February 28, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court due to a violation of the Road Traffic Act.

On December 13, 2019, at around 22:50, the Defendant driven a 7-meter DNA car without any alcohol in the parking lot of the second underground floor in Suwon-si B Cdong-gu, Suwon-si, Suwon-si, under the influence of alcohol by 0.160% of alcohol concentration.

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. The criminal place;

1. Notification of the results of the control of drinking driving, a record of measurement of drinking, a circumstantial statement of a drinking driver, and an investigation report (report on the status of a drinking driver);

1. Records of judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes attaching the same summary order;

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.

However, the defendant recognized the crime of this case and divided his mistake, the defendant was driving a relatively short distance to park after having arrived in an apartment that is a residential apartment, using his substitute driving, and there are circumstances to take into account some of the circumstances. The defendant has no criminal records other than the above one-time fine, and the defendant's drinking driving record has passed for not less than 11 years from the date of the crime of this case. Other circumstances, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result, the circumstances after the crime of this case, etc., shall be determined as ordered by the disposition.

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