beta
(영문) 수원지방법원 안산지원 2020.04.24 2020고단725

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

On May 24, 2017, the Defendant was sentenced to a fine of KRW 5 million in the Suwon District Court's Ansan Branch for the violation of the Road Traffic Act (Refusal of measurement).

Nevertheless, the Defendant, while under the influence of alcohol around 20:24 on January 5, 2020, driven a E-Insular vehicle from approximately 100 meters away from the luminous B to the Made-si C and the neighboring road.

Accordingly, the defendant violated Article 44 (1) or 44 (2) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, inquiry into the results of the control of driving under the influence of alcohol, and notification, etc.;

1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, results of confirmation, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of a fine concerning criminal facts, and the choice of a fine;

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

1. Consideration of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, including drinking alcohol, driving distance, and the same kind of power (one time, 2017), etc.;