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(영문) 수원지방법원 2019.09.27 2019고단3682
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

On June 17, 2015, the Defendant was issued a summary order of a fine of KRW 6 million by the Suwon District Court for a violation of the Road Traffic Act.

On July 6, 2019, at around 20:35, the Defendant driven an Epoter II motor vehicle from around 200 meters from the front of the C Elementary School located in Eposi B to the front of D in the same City, while under the influence of alcohol by 0.106% of alcohol concentration.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Notification and output of the results of the drinking driving control, the circumstantial statement of a drinking driver, and investigation report (the circumstantial report of a drinking driver);

1. Records of judgment: Application of one copy of criminal records, reply note, and summary order;

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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order 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 less than that of the crime, but not less than that of the blood alcohol concentration due to the drinking alcohol in this case.

However, the defendant recognized the crime of this case and divided his mistake, and there is no other criminal records other than three times prior to a fine including the past record as indicated in the judgment of the defendant, and other various circumstances, including the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence, etc., which are the conditions of sentencing as shown in the records, shall be determined as ordered, taking into account the following circumstances.

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