beta
(영문) 수원지방법원 2020.04.02 2019고단7660

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

[Criminal Power] On March 14, 2018, the Defendant received a summary order of KRW 1,50,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On November 19, 2019, at around 05:07, the Defendant driven a DCo-sports cargo vehicle with blood alcohol concentration of about 0.124% from the 1km section to the Suwon B apartment Cdong parking lot from the singinginginging lot at a non-sing-on-on-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-con-

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes of one summary order;

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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of being punished for a drunk driving in 2018, and the penal provision for a drunk driving was strengthened since June 25, 2019, and the Defendant also was able to easily have access to the aforementioned circumstances through the media, and there is a need for severe punishment in that he/she was a drunk driving in this case.

However, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant recognized the instant crime and divided his mistake; the Defendant has no record of punishment in excess of the fine yet; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the conditions of sentencing indicated in the record, such as the circumstances after the crime, etc.