beta
(영문) 수원지방법원 2021.03.26 2020고단7668

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

[criminal history] On January 26, 2018, the Defendant received a summary order of KRW 5 million from the Seoul Central District Court to a fine of KRW 5 million due to a violation of road traffic laws (drinking).

[Criminal facts] On October 21, 2020, the Defendant driven a B-A6 car under the influence of alcohol leveling 0.146% from a distance of about 1km from the front of a place where it is impossible to know about the flow route of the Suwon-si, Suwon-si, Suwon-si, Seoul-si, to the front day of the wave funeral distance, located in 326, located in the boundary of the Suwon-si, Suwon-si, Suwon-si, Suwon-si.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

Summary of Evidence

1. For a criminal defendant's legal statement, a report on the circumstances of the driver who takes the main oral statement, and a previous conviction with alcohol concentration specified in the blood from the blood: The application of an inquiry letter, such as criminal history, and the application of Acts and subordinate statutes of the investigative report

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 the sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is a serious crime that may harm not only his/her own but also an unspecified number of life and body. While the defendant had been punished for driving under drinking, he/she again drives under the influence of alcohol, and the degree of alcohol concentration in blood is relatively high, the nature of the crime is not weak in light of the fact that it is a relatively high level.

In addition, in light of the fact that the defendant was able to drive alcohol on the road, and that it was controlled by the police officer that found it, the danger at the time of driving alcohol was considerably high.

I seem to appear.

However, the defendant recognized the crime of this case and divided his mistake, there is no record of punishment exceeding the fine, and the age, sex, environment, motive and circumstance of the crime.