beta
(영문) 의정부지방법원 2020.08.24 2020고단1525

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On May 21, 2007, the Defendant was issued a summary order of KRW 1.5 million by the District Court of the Jung-gu as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 5, 2020, at around 23:28, the Defendant driven a F K7 car in the state of alcohol alcohol concentration of about 0.143% from the frontway in Dongducheon-si B to the E-way 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. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drinking driving;

1. Four copies of the field photographs at the time of detection of the G statement;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order has the record of being punished by a fine in 2006 and 2007 for drunk driving.

Nevertheless, the crime of this case was committed again.

However, the defendant's recognition of and reflects on the crime, but has long been used for drinking, and there is no record of drinking after 2007, the distance of drinking driving of this case is relatively short, and all of the sentencing conditions, including the defendant's age, character and conduct, environment, motive for the crime, circumstances after the crime, etc., which are shown in the records and arguments of this case, shall be determined as ordered by the order.