beta
(영문) 수원지방법원 2020.11.12 2020고단4542

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 11 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On May 15, 2012, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

around 23:00 on June 24, 2020, the Defendant driven an EM3 car in the state of alcohol alcohol concentration of about 0.148% from the 2km section from the front of the “C” located in the Hasung City B to the roads of D and the front of the public parking lot in the time of harmony.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on the results thereof, and application of summary order statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, despite the fact that the defendant had been subject to punishment once due to drunk driving, and the fact that the blood alcohol level is high, etc., are disadvantageous to the defendant, while the defendant recognizes the crime and is against the truth, the fact that the defendant does not have any traffic accident, the criminal record of the above drunk driving is the criminal record of a fine, and the fact that there is no other criminal record, etc. are considered as favorable to the defendant. It is decided as per Disposition by taking into account the circumstances favorable to the defendant, and by taking into account all other factors of sentencing