beta
(영문) 수원지방법원 평택지원 2015.05.28 2015고단599

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[criminal power] On February 6, 2013, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Suwon District Court’s Eunpyeong District Court’s site on August 6, 2013; on August 16, 2013, the same court issued a fine of four million won for the same crime, etc.; and was punished on two or more occasions for a violation of the Road Traffic Act (driving). On September 26, 2013, the same court was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (Unlicensed Driving) and the judgment became final and conclusive on October 8, 2013.

【Criminal Facts】

On March 1, 2015, at around 23:34, the Defendant driven B car rental vehicles at approximately 300 meters from the vicinity of the water-supply market in Pyeongtaek-si to the front side of the non-electric parking lot near Pyeongtaek-si Central 1:56-gil 4 adjacent to Pyeongtaek-si, while under the influence of alcohol of 0.084% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the records of the control of brewing instruments;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (related to the same kind of power), and application of each statute of the judgment;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. Article 62 (1) of the Criminal Act;

1. Article 334(1) of the Criminal Procedure Act provides that there is no room for prior action in that the crime was committed during the period of suspension of execution, even though the crime was committed for the same kind of crime on the grounds of sentencing, and that the revocation of the suspension of execution would result in too harsh results in the defendant when the suspension of execution is revoked, and that the defendant is seriously against the defendant, the decision shall be made at one time and the sentence as set forth in the above order shall be determined.