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(영문) 수원지방법원 2019.01.22 2018고단6600
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

The Defendant driving a motor vehicle under the influence of alcohol on January 3, 2007 (the issuance of a summary order of KRW 700,000 at the Suwon District Court on March 30, 2007), driving a motor vehicle under the influence of alcohol on May 20, 2008 (the issuance of a summary order of KRW 1 million at the Suwon District Court on July 18, 2008), and violating Article 44 (1) of the Road Traffic Act on at least two occasions.

On October 20, 2018, the Defendant driven a car about 5mben E43mben E in a drunken state with blood alcohol concentration of 0.149% at the neighboring street in Suwon-si B, Suwon-si.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol again in violation of this provision.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a survey report, and an accident site photograph;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Records of judgment: Application of the inquiry report including criminal records, and a copy of each summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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 crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, who has had a record of driving not less than twice a drunk, drives a vehicle again, and the quality 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 of this case, and the defendant's shocking of the vehicle parked during the drinking of this case. In light of the fact that the crime of this case was committed by this case on the ground of sentencing of Article 334(1

However, the defendant recognized the crime of this case and divided his mistake, and all of the records of drinking driving of the defendant passed 10 years from the date of the crime of this case, and he was punished since 2008.

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