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(영문) 수원지방법원 2020.06.12 2019고단7128
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 July 18, 2008, the Defendant was issued a summary order of KRW 1 million by the Seoul Eastern District Court as a crime of violation of the Road Traffic Act.

Despite the fact that the Defendant violated the provision on the prohibition of drunk driving as above, the Defendant driven a DNA car at approximately 300 meters away from the street in the vicinity of the Heungdong-gu B apartment to C in the direction of around November 8, 2019, while under the influence of alcohol of about 0.042% in blood 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 occurrence of the case;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Records of judgment: References to criminal records, references to criminal records, reports on the results of confirmation before disposition and the application of Acts and subordinate statutes attached to written judgments;

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 because he/she has already been found to drive under drinking twice.

However, it seems 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, the defendant seems to have been driving of this case under the circumstance that the defendant was under the circumstance that he was under the circumstance that he was under the circumstance that he was under the influence of being able to take care of less than 11 years from the date of the crime of this case, the defendant had no other criminal records other than three times of fine, and the defendant's age, character, conduct, environment, and age of the defendant.

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