beta
(영문) 수원지방법원 2020.10.22 2020고단4671

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 13,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 31, 2018, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act from the Suwon District Court on August 31, 2018.

Nevertheless, at around 23:55 on June 19, 2020, the Defendant was under the influence of alcohol with 0.253% of blood alcohol level, and was driving a motor vehicle with 2 km of 2km up to the day before the aforementioned “D” parking lot of the “Seng-si Ba,” with the front of the “D” located in the “D” parking lot of the “Seng-si Ba,” and again, the Defendant was under the influence of alcohol level.

Accordingly, the defendant violated the prohibition clause 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 results of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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 ground of sentencing of the provisional payment order, even though there was a history of punishment of a fine due to drinking driving, the Defendant was driving the instant drinking, and at the same time, caused the contact accident in the state of high blood alcohol concentration at the time, and the nature of the crime is not weak.

However, taking into account the fact that the defendant is led to confession and reflect, the fact that the defendant was a previous conviction other than the above previous conviction, the fact that the defendant was involved in the minor physical damage, etc., and other various sentencing conditions specified in the records and arguments, such as the defendant's age, attitude, environment, driving circumstances, distance, drinking volume, circumstances after the crime, etc., shall be determined as ordered.