beta
(영문) 수원지방법원 여주지원 2020.02.03 2019고단1160

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 October 1, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court on October 1, 2008.

【Criminal Facts】

On October 29, 2019, at around 19:50, the Defendant driven a E-high-speed car with a blood alcohol concentration of about 4.4 km from the front road in Gyeonggi-si B to the front road in D, while under the influence of alcohol of about 0.184%.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. Report on detection of drinking alcohol driving, notification of the results of crackdown on drinking driving, circumstantial statement of a drinking driver, and circumstantial report of a drinking driver;

1. Written response to the request for appraisal;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (suspect A-class records);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 53 and 55 (1) 6 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the Defendant, even though he/she had a record of drinking driving, once he/she drives alcohol again, and the blood alcohol concentration at the time was considerably high.

However, the defendant's drinking driving force is before 10 years.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.