beta
(영문) 수원지방법원 2020.02.13 2019고단6965

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

[Criminal Power] On July 28, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

Although the Defendant violated the prohibition of drunk driving, on October 30, 2019, at around 22:42, the Defendant again driven B K5 cars while under the influence of alcohol by 0.106% in the direction of approximately 8km from the 8km section to the 37-lane of the promotional road to the safe-si Do-Eup in Ansan-si.

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 control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of the same criminal records as suspects), and application of summary order Acts and subordinate statutes to the Suwon District Court 208 High Court 208 High Court 13846 High Court;

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 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. On the other hand, the fact that the defendant recognized and reflects the crime, the traffic accident did not occur, the criminal record of the above drunk driving was sentenced to a fine for the year 2008, and there is no other criminal record, and the fact that there is no other criminal record, and the blood alcohol concentration was not high, etc. are considered favorable to the defendant. It is so decided as per Disposition by taking into account the circumstances favorable to the defendant and taking into account