beta
(영문) 수원지방법원 2021.01.14 2020고단6161

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 13 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Records] The Defendant received a summary order of a fine of four million won or more for a violation of road traffic law from the Suwon Friwon on June 14, 2017 and received a summary order of a fine of four million won or more for the same criminal record at one time.

[Criminal facts] On August 17, 2020, the Defendant driven D Car with D Car with alcohol content 0.149% under the influence of alcohol while under the influence of alcohol, from around B to C, in a section of about 500 meters from the front day of the Gyeonggi-si (Seoul) to C.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions indicated in the judgment: Investigative inquiries about criminal history, investigation reports (report on the confirmation of the previous convictions of the same offense), and application of the statutes governing summary orders;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant re-offending a crime despite the fact that he/she had been punished once by drinking in 2017; (b) the volume of alcohol level in blood alcohol level is high; and (c) traffic accidents occur, etc. that are disadvantageous to the Defendant; (d) the Defendant recognizes and reflects the crime; (e) the Defendant is a traffic accident; and (e) the person is not a person due to a traffic accident; and (b) the aforementioned criminal record of drinking is a criminal record of a fine; (c) although there are many different criminal records, all of the criminal records are favorable to the Defendant, the fact that he/she had been punished by drinking in 207; and (d) all