beta
(영문) 의정부지방법원 2020.10.14 2020고단3232

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

【Criminal Power】 On October 27, 2015, the Defendant was sentenced to a fine of KRW 4 million by the Seoul Northern District Court for a violation of the Road Traffic Act.

【Criminal Facts】 Around 23:00 on May 16, 2020, the Defendant driven a car with Centent alcohol level of about 50 cm at the Gu Office Btel parking lot in the Gu Office of Speaker-si with approximately 0cm alcohol level of about 0.132%.

As a result, the Defendant again driven a motor vehicle while under influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle in the main line, report on the status of operating a motor vehicle in the main line, report on the status of the driver in the main line, investigation report, and investigation report (on the vehicle of a suspect);

1. A statement on criminal records, statements on criminal investigations, confirmation of criminal records, and application of a copy of judgment to statutes;

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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he had the record of being punished as a crime of violating the Road Traffic Act around 2015.

However, the Defendant committed the instant crime in order to park a vehicle parked by a proxy driving technician in compliance with the parking line, and, in itself, elected a fine in consideration of the fact that the Defendant driven a vehicle at approximately 50 cm section in a parking lot.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.