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(영문) 수원지방법원 2021.01.13 2020고단7195
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On January 8, 2018, the Defendant was issued a summary order of KRW 2 million as a crime of violating road traffic law (drinking driving) at the Sungwon District Court's Sungnam branch on January 8, 2018.

On August 22, 2020, the Defendant driven a Esp motor vehicle under the influence of alcohol of about 30 meters from a distance of about 23:12 meters from the front day of the Kppp house located in Yangyang-gun B to the roads adjacent to the DW of the Gangwon Yangyang-gun, Gangwon-gun, the Defendant driven the Esp motor vehicle under the influence of alcohol of about 0.206% in blood.

Accordingly, the Defendant violated the regulations prohibiting driving of drinking alcohol more than twice.

Summary of Evidence

1. Report on internal investigation by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the situation of the driver of drinking alcohol and report on the situation of the driver of drinking alcohol;

1. Records of judgment: References to inquiries, such as criminal history, investigation report - Application of Acts and subordinate statutes governing drinking driving force;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the crime of this case is that the defendant, who had a record of driving alcohol, drives a vehicle again, and the quality of the crime is not somewhat weak, and the amount of alcohol concentration in the blood due to drinking in this case is very high.

Since the Defendant was punished for driving under drinking on January 2018 and the three years have not passed since he was punished for driving under drinking on January 2018, the possibility of criticism is not much possible.

In addition, in light of the fact that the defendant shocked pedestrians and shocked other vehicles parked in the course of driving the drinking of this case, the driving of the drinking of this case did not have a significant danger.

I seem to appear.

However, the defendant recognized the crime of this case and divided his mistake, the defendant has no record of criminal punishment in addition to the above one-time fine, and other defendant's person.

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