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(영문) 수원지방법원 2018.10.11 2018고단4106
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 July 23, 2008 (the issuance of a summary order of KRW 1.5 million at the Suwon Friwon on October 10, 2008), driving a motor vehicle under the influence of alcohol on November 24, 2010 (the issuance of a summary order of KRW 2.5 million at the Suwon Friwon Friwon on December 7, 2010), and violating Article 44(1) of the Road Traffic Act on at least two occasions.

On July 15, 2018, the Defendant driven Bho-do car at approximately 7 km from the front day of Ansan-dong in Ansan-si to the front day of Suwon-si to the road of about 126 km-gu, Suwon-si, Suwon-si, with alcohol content of 0.128% during blood transfusion around 01:26.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Statement report on the circumstances of a driver who is placed in driving, notification on the results of crackdown on drinking driving, and appraisal report on alcohol during blood;

1. Records of judgment: Application of an inquiry letter, such as criminal history, and a summary order statute;

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 on the ground of sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant, who has been able to drive a second alcohol not less than twice, has driven a second alcohol, and the nature of the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due to the drinking of this case, and the defendant, who attempted to flee without disregarding the demand of the responsible police officer for stopping while regulating the driving of alcohol, is unlikely to criticize.

However, the fact that the defendant recognized the crime of this case and divided his mistake, the driving force of the defendant's drinking has passed 10 years and 7 years, respectively from the date of the crime of this case, and the defendant has no record of punishment after being punished for driving under drinking around 2010, and the punishment shown in the records, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc.

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