beta
(영문) 수원지방법원 안산지원 2021.01.27 2020고단3362

도로교통법위반(음주운전)등

Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and fine of two hundred thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

On October 13, 2016, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Friwon method.

1. On May 30, 2020, the Defendant violated the Road Traffic Act (divated driving) driving a car in a state of under the influence of alcohol of about 15 meters from the section of approximately 15 meters in front of the road set forth in the 15-meter upstream-gu, Ansan-si, Ansan-si, Ansan-si.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

2. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a Cknife car.

At the time and place set forth in paragraph 1, the Defendant did not take measures such as providing personal information to the victim, even though the Defendant’s failure to accurately operate the steering direction and brakes while driving the said vehicle and driving it at an indefinite speed, due to the negligence of driving the vehicle at the left-hand side of the vehicle driving in the Defendant’s vehicle driving direction, compared to the left-hand side of the ebbⅡ owned by the victim D ( South, 47 years old) who was parked in the Defendant’s vehicle driving direction to the front-hand part of the Defendant’s vehicle driving seat.

Summary of Evidence

1. A survey report on the Defendant’s legal statement D’s actual condition of drinking alcohol, a report on the results of crackdown on driving alcohol, a photograph related to the incident report processing 112, a photograph related to drinking-related video, a CCTV image, and a photographic investigation report on the victim’s images and visual images (a witness F telephone conversation);

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of a criminal investigation report (verification of criminal suspect's records of driving like drinking);

1. Relevant legal provisions of the Act and Articles 148-2 (1), 44 (1) (the point of drinking alcohol and the choice of imprisonment), Article 156 subparagraph 10 of the Road Traffic Act and Article 54 (1) 2 (the selection of fines, the point of failing to provide personal information after the parking damage and the selection of fines) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the punishment of concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The Criminal Act to attract a workhouse;