beta
(영문) 수원지방법원 2020.04.10 2019고단8311

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

On December 22, 2010, the Defendant was issued a summary order of KRW 5 million for a fine of KRW 5 million due to a violation of the Road Traffic Act, etc. in the support of the Daejeon District Court of Daejeon District on December 2, 2010.

At around 23:30 on December 12, 2019, the Defendant driven CM6 car while under the influence of alcohol with approximately 0.036% alcohol concentration from the 10km section from Osan-si to the front road of Masung-si B.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the state of drinking practice, statement, and notification of the control of drinking driving;

1. Records of judgment: Application of criminal history records, inquiry reports, and investigation reports (verification of the same type of crime records) Acts and subordinate statutes;

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 with regard to the crime of this case is that the defendant, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not that of the latter.

The defendant has been punished for a fine because he/she has already been exposed to drinking driving, etc. twice.

However, it is against the defendant's recognition of the crime of this case, the result of blood alcohol concentration due to the drinking of this case shows that the number of the blood alcohol concentration due to the drinking of this case shows a little upper level of standard values prohibited from driving, there is no other criminal records other than the above two times of fine, and the defendant's records of drinking driving of this case are 9 years or more from the date of the crime of this case, and other circumstances, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result, the circumstances after the crime of this case, etc., shall be determined as ordered by the order.