beta
(영문) 수원지방법원 2020.08.28 2020고단3034

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 16,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On December 14, 2017, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) in the Gyeyang District Court of Suwon on December 14, 2017.

【Criminal Facts】

On February 13, 2020, at around 01:18, the Defendant driven Category D vehicles at approximately 2 km from the roads in front of the Gisung-si, Gisung-si, Gisung-si, in the direction of 0.225% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Investigation report on the actual condition of a traffic accident, detection and arrest report (violation of the Road Traffic Act), report on the circumstantial statements of a drinking driver, and investigation report (report on the circumstantial conditions of a drinking driver);

1. On-site photographs;

1. Previous records: A inquiry report on criminal records, etc. and investigation report-applicable Acts and subordinate statutes attaching the same type of electric power judgment;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) are that the Defendant again committed the instant crime even though he had the record of being punished for drunk driving, and there is no motive or circumstance to consider the commission of the instant crime. At the time of the instant crime, there was a very high blood alcohol concentration of the Defendant at the time of the instant crime, the Defendant’s blood alcohol level was high, in light of the speech and behavior, and the pedestrian state was very high, and the Defendant was exposed to the occurrence of a traffic accident resulting in physical damage.

On the other hand, the fact that the defendant acknowledges and reflects the crime of this case, and that the defendant would not repeat the crime of this case by disposing of the vehicle used for the crime of this case, and that there is no other record of criminal punishment except for the previous conviction, is favorable to the defendant

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant.