beta
(영문) 수원지방법원 2020.08.20 2020고단2387

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 September 14, 2007, the Defendant was issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court.

【Criminal Facts】

On April 22, 2020, around 22:50 on April 23, 2020, the Defendant: (a) driven the E-benz car under the influence of alcohol content of about 0.069% at around the D cafeteria located in the same Sinung-gu Seoul Metropolitan Government, from around the D cafeteria to the front of the D cafeteria located in the same Sinung-gu, and (b) operated the E-benz car at least twice in violation of the Road Traffic Act.

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, list of related cases, and application of Acts and subordinate statutes of one copy of a summary order;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) a criminal defendant repeats a crime despite the fact that he/she had been punished once due to drunk driving; (b) a traffic accident occurred that is unfavorable to the criminal defendant; (c) a criminal defendant is recognized and seriously reflects the criminal act; (d) a criminal record is a criminal record of a fine; (e) a criminal record of a drunk driving is a criminal record of a fine; (e) there is no other criminal record; (g) a criminal record of a criminal record is a criminal record of a fine; and (e) a minor physical damage occurs due to a traffic accident, taking into account