beta
(영문) 수원지방법원 2020.04.10 2019고단7842

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[criminal power] On July 12, 2002, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court on August 5, 2005, a fine of KRW 1 million from the Gwangju District Court on August 5, 2005, and a fine of KRW 2.5 million from the Suwon District Court on December 11, 2013 as the same crime.

【Criminal Facts】

On December 4, 2019, at around 22:34, the Defendant driven a car in the drinking state C in the 2km section of approximately 0.077% blood alcohol concentration from the water station in front of the water station located in 924, in accordance with the Suwon-si Sucuk-gu, Suwon-si, to the front road of the same Gu B.

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 an immigration driver);

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes of three copies of summary orders;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

1. Article 53 and Article 55 (1) 6 of the Discretionary Mitigation and Mitigation Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not shorter than the distance of the defendant's drunk driving, and the fact that the defendant had been already punished several times due to drunk driving, but again, again commits the instant crime is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognizes the crime of this case and reflects it, and that the defendant has no record of criminal punishment, except for the previous conviction, is favorable to the defendant.

Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.