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(영문) 수원지방법원 2020.11.13 2020고단5824
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

1. At around 04:58 on July 28, 2020, the Defendant driven CMW X6 automobiles while under the influence of alcohol with approximately 0.225% of alcohol alcohol concentration at the section of approximately 2m of the Osan City Bamo Bab parking lot.

2. Notwithstanding the fact that the Defendant was under influence from police officers around 05:40 on the same day on the same day as a drunk driving as stated in paragraph (1), at around 08:37 on the same day, the Defendant driven CMW X6-car in the state of alcohol alcohol concentration of about 20km from the 20km parking lot to the Emp shop near the Emba-gu Emba-gu Y-si Ga.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under the influence of alcohol, and field photographs;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, investigation report (administrative disposition) and report on driving under influence of drinking drivers;

1. Application of Acts and subordinate statutes to a report on investigation (reporters), a report on investigation (CCTVs analysis report, time and place for drinking alcohol) to a suspect, a report on investigation (to listen to a suspect’s telephone statement and a distance specified in driving distance);

1. Relevant legal provisions concerning facts constituting a crime, Articles 148-2 (3) 1, 44 (1) of the Road Traffic Act (the point of the primary driving), Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of the secondary driving), and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a second alcohol driving after the defendant was under the first alcohol driving and was under the control, and the quality of the crime is not somewhat weak, and the value of each blood alcohol concentration due to the drinking of this case is high.

Although the Defendant was under the influence of the primary drinking driving, the possibility of criticism is significant in that he re-driving approximately three hours and moved a considerable distance.

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