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(영문) 수원지방법원 안양지원 2019.10.31 2019고단1839
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

[criminal power] On December 12, 2008, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million at the Suwon District Court for a crime of violation of the Road Traffic Act (driving). On May 24, 2010, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for the same crime.

【Criminal Facts】

On June 25, 2019, around 06:18, the Defendant driven a e-learning car in the state of alcohol alcohol concentration of about 0.241% from the Gu B apartment C-dong parking lot to the same apartment D-dong parking lot.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (STV image verification);

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (a summary order attached to criminal records of the same kind of crime record of a suspect);

1. Article 148-2 (1) and Article 44 (1) of the Criminal Act and Articles 148-2 (1) and 44 of the Criminal Act concerning the relevant criminal facts,

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The defendant suffered an accident that causes the shock of parked vehicles by driving under drinking, even though the punishment power due to driving under drinking around 2008 and around 2010 exceeded two times.

The defendant's drinking alcohol level is very high.

A favorable normal situation: The defendant reflects a crime in depth, and the defendant disposes of the vehicle and makes the vehicle not to drive the vehicle again.

The defendant's punishment power is about 21 years and 19 years, and there is no other penalty power except as above.

The punishment shall be determined in consideration of the following circumstances, such as the age, character and conduct, family relationship, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.

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