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(영문) 수원지방법원 2020.04.17 2019고단8307
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

On April 15, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court in order to punish the Defendant.

On December 8, 2019, at around 10:46, the Defendant driven an Efluorial car at approximately 35 km section from the vicinity of the wife-population B to the front road of the D Elementary School located in the Innju City C, in a state of alcohol of 0.05% of blood alcohol level.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Records of judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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 with regard to the crime of this case is that the defendant, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not that of the latter.

The defendant has been subject to punishment for being found to drive under drinking twice.

However, it appears that the defendant recognized the crime of this case and divided his mistake, the blood alcohol concentration due to the drinking of this case is not high, and the defendant seems to have been driving of this case under the circumstance that the defendant was under the circumstance that she was under the influence of taking care due to the drinking of this case less than the previous one, and the defendant's history of driving under the influence of drinking of this case is 11 years or more from the date of the crime of this case, and the defendant has no other criminal records other than the above two times of fine, and there is no other criminal records other than the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result, etc.

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