(영문) 수원지방법원 2020.03.05 2019고단6969

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자간(%)

(영문) 수원지방법원 2020.03.05 2019고단6969

도로교통법위반(음주운전)

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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

[Criminal Power] On September 26, 2008, the Defendant received a summary order of KRW 700,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

Although the Defendant violated the prohibition of drunk driving regulations as above, on October 29, 2019, the Defendant driven CM5 car at a level of about 14 km from the SM5 car under the influence of alcohol with a blood alcohol concentration of 0.039% at around 0.039%, from around 22:04, Ansan-si, Suwon-si to the front of Suwon-si, Suwon-si, Suwon-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of his/her driver, investigation report (report on the state of his/her driver), and written appraisal of blood alcohol;

1. Previous convictions: Application of criminal records and copies of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (when suspension of execution of a sentence of imprisonment is invalidated or revoked);

1. Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the same Act (Article 62(1) of the same Act provides that the defendant's mistake is recognized and divided, the previous and the previous one has been long and there has been no record of criminal punishment for the last ten years, the previous one appears to have driven after about 20 hours of drinking alcohol on the same day, and the previous one appears to be a night driving, the number of alcohol concentration is 0.03% as a result of the breath measurement of blood collection, and 0.039% as a result of the breath measurement of blood collection, the statutory limit has been exceeded, the number of offenses have not occurred, and other conditions of sentencing specified in the records and arguments,

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