beta
(영문) 수원지방법원 2020.09.11 2020고단3038

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On May 9, 2012, the Defendant received a summary order of KRW 5 million from the Seoul Central District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On April 26, 2020, at around 05:20, the Defendant driven a e-learning motor vehicle under the influence of alcohol of about 500 meters from the roads near the C Park near the C Park in the S Park in the e-mail to the roads front of the D apartment in the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement in F and G preparation;

1. Notification of the results of the control of drinking driving, the circumstantial report on drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. On-site photographs;

1. Records before judgment: Application of criminal records, etc. inquiry reports and summary order-related Acts and subordinate statutes;

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. 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 is that the Defendant again committed the instant crime even though he/she had the record of being punished for a drunk driving as stated in its reasoning, and that there is no motive or circumstance to consider the commission of the instant crime is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognizes the crime of this case is favorable to the defendant.

Other circumstances shown 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.