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(영문) 수원지방법원 성남지원 2020.02.05 2019고단2731
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 July 27, 2016, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

Although the Defendant was punished under Article 44(1) of the Road Traffic Act, on November 3, 2019, the Defendant was under the influence of alcohol level of 0.067% on blood alcohol level around November 22:2:28, 2019, and again driven a D Ttibl vehicle at a section of approximately 500 meters from the 50-meter section to the front road of C hospital located in B near the G Hospital located in Sungnam-si Fungdong.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Report on detection of a violation of the Road Traffic Act, report on the circumstances of driving under the influence of alcohol, inquiry into the results of the control of driving under the influence of alcohol, and circumstantial statement of a driver under the influence of alcohol;

1. Registers of driver's licenses, mandatory insurance and making inquiries into the motor vehicle register;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. A normal drunk driving that is disadvantageous to the reason for sentencing under Article 334(1) of the Criminal Procedure Act is a crime that may pose a threat to traffic order by itself, and may cause serious personal and material damage, such as the occurrence of a traffic accident.

Although the Defendant had a record of being punished for a fine due to drinking driving, as stated in the records of the crime record, he again committed the crime of drinking driving in this case.

In favor of the favorable normal defendant, the defendant recognized his criminal liability, and shows the form of reflection.

It seems that the crime of this case did not cause a traffic accident.

There is no criminal punishment power other than criminal power in the judgment.

In addition, the motive, means and result of the crime, the character, conduct and environment of the defendant, and the progress of the situation before and after the crime.

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