beta
(영문) 춘천지방법원 2020.08.18 2020고단429

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 20,000,000.

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

Reasons

Punishment of the crime

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

On July 17, 2013, the Defendant was issued a summary order of KRW 7,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court on July 17, 2013 (see, e.g., Records of Evidence), and on September 3, 2014 (see, e.g., Article 62 of the Evidence Record) in the same court, the Defendant was issued a summary order of KRW 5,00,000 as a fine for the same crime, and on January 18, 2017 (see, e.g., 60 pages of the Evidence Record) in the same court, the Defendant was sentenced to a suspended sentence of two months for imprisonment for the same crime and became final and conclusive on January 26, 2017.

Criminal facts

Around 02:10 on April 2, 2020, the Defendant driven a motor vehicle with D'Y III 4-wheeled' in the section of about 35.2 km from the west-gun Hongcheon-gun, Hongcheon-gun, an asbestos-gu, 2517 to the front road located in B of the same Gun, while under the influence of alcohol by 0.07% (see, e.g., evidence No. 18 of the record).

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

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, notification of the results of the control of drinking driving, investigation reports (the confirmation of a driver and the CCTV images for crime prevention);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of electric records, etc.);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant had the same three times prior records.