beta
(영문) 수원지방법원 안산지원 2020.04.14 2020고단349

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 May 23, 2018, the defendant is a person who has received a summary order of a fine of one million won for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on May 23, 2018.

On November 14, 2019, at around 08:50, the Defendant driven an Efran vehicle under the influence of alcohol level of about 0.171% in approximately 5km section from the roads near the C Hospital located in Silung City B to the front of the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and report on the control of drinking alcohol;

1. Previous records of judgment: The application of criminal records, repeated statements, and 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 fact that a person repeats a crime within a short period despite the same criminal records (one time, 2018) for sentencing (one time, 2018) under Article 334(1) of the Criminal Procedure Act, the fact that drinking is high, the circumstances of driving, after the crime, etc. are considered.