beta
(영문) 수원지방법원 2020.03.12 2019고단7304

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On March 9, 2012, the Defendant received a summary order of KRW 1,50,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On November 5, 2019, at around 22:00, the Defendant driven a Clearning car in the state of alcohol alcohol concentration of about 0.049% from the 8km section, from the front of the restaurant of the Chinese flag to the front road of the Suwon-si in Suwon-si, the Defendant driven a Clearning car in the state of under the influence of alcohol concentration of about 0.049%.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the result of the drinking driving control;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (previous and confirmation), and application of Acts and subordinate 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 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order committed a second offense despite the fact that the defendant had been punished once due to drunk driving, etc. is disadvantageous to the defendant. Meanwhile, the fact that the defendant recognized the crime and is contrary to the truth, the traffic accident does not occur, the criminal record of the above drunk driving is the criminal record of a fine, and there is no other criminal record, and the fact that the blood alcohol level is low, etc. are considered as favorable to the defendant, taking into account the circumstances favorable to the defendant, and taking into account all other sentencing conditions stated in the records of this case.