beta
(영문) 수원지방법원 2020.02.07 2019고단7106

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On June 20, 2013, the Defendant was issued a summary order of KRW 1,50,000 by the Suwon District Court as a crime of violation of the Road Traffic Act.

On November 3, 2019, at around 22:30, the Defendant driven Cunststun vehicle under the influence of alcohol concentration of about 0.080% at the section of approximately 2.6 km from the front of the Yellow-distance in Suwon-si to the front of the same Gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of a drinking driver) and output of a drinking measuring paper;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, the selection of fines (in the same case, one time of the same kind of power, and more than six years have elapsed, and no previous conviction exceeding fines has occurred, and no personal or material accident has occurred, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;