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(영문) 수원지방법원 2020.09.18 2020고단4087
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 18, 2010, the Defendant was issued a summary order of KRW 2.5 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

On May 28, 2020, at around 04:45, the Defendant driven an Esch Rexton car in the state of alcohol alcohol concentration of about 0.034% in the section of about 1km from May 28, 2020 to the front road of D elementary school located in the same city C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Records of judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

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 already found to have been punished for drunk driving for four times.

However, the fact that the defendant recognized the crime of this case and divided his mistake, that the blood alcohol concentration due to the drinking of this case shows that the figure of the blood alcohol concentration due to the drinking of this case shows that the defendant had been driving of this case under the circumstances that the defendant was under the situation that the defendant was under the situation that she was under the situation that she was under the situation that she was under the situation that she was under the situation that she was under the situation that she was under the influence that she was under the influence of drinking of this case, 10 years or more from the date of the crime of this case, and 10 years from the date of the crime of this case, there was no history that the defendant has been under the suspension of execution or more, and other circumstances after the crime of this case.

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