beta
(영문) 수원지방법원 여주지원 2020.06.03 2020고단358

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 January 18, 2008, the Defendant received a summary order of a fine of KRW 700,000 from the Seoul Eastern District Court as a crime of violation of the Road Traffic Act.

(Criminal Facts) The Defendant is also a person who is engaged in driving a BCoon car.

At around 20:00 on February 11, 2020, the Defendant driven the said car under the influence of alcohol level of about 0.226% from the 3km section from the front of the “D” restaurant located in Gyeonggi Pyeong-gun C to the front of the “F” restaurant located in the same military E.

Accordingly, the defendant, who violated the prohibition of drinking driving, was driving the car under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the occurrence of traffic accidents;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. A written appraisal of blood alcohol;

1. Investigation report (Calculation with the mark-based formula);

1. Photographs;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

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 on the order of provisional payment is that the Defendant once driven alcohol again even three times, and the blood alcohol concentration at the time was very high.

However, the defendant's drinking driving force is 10 years before all, and the distance of drinking driving was relatively short.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.