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(영문) 수원지방법원 2020.01.31 2019고단6968
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

On August 13, 2010, the Defendant was issued a summary order of KRW 2 million by the Suwon District Court due to a violation of the Road Traffic Act.

On November 6, 2019, the Defendant, despite the fact that he violated the provision prohibiting driving under the influence of alcohol, was driving a B-typ car under the influence of alcohol content of 0.184% in the front side of the building in front of the building in question in Suwon-si, Suwon-si, Suwon-si, to the front side of the Gabbbridge located in the 588-gu, Suwon-si, Suwon-si, Suwon-si, 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. A written report from an employer to the driver;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Records of judgment: References to criminal records, amounts not included in dispositions, reports on results of confirmation, and copies of summary order Acts and subordinate statutes shall apply;

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, completed the special traffic safety education conducted by the Road Traffic Authority after the crime of this case, the defendant did not have any other criminal records other than the above one fine prior to the crime of this case, and the defendant's drinking driving force has passed for more than nine years from the date of the crime of this case. Other conditions of the sentencing indicated in the records, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result, etc.

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