beta
(영문) 수원지방법원 2018.10.30 2018고단4482

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Criminal facts

[criminal history] On March 17, 2017, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law at the Seoul Western District Court, and a summary order of KRW 3 million for the same crime at the Suwon District Court on August 25, 2017, respectively.

[2] On July 24, 2018, the Defendant driven a D low-speed car with a alcohol level of 0.114% under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from around 1km to the front road located in Suwon-si, Suwon-si, Suwon-si (hereinafter referred to as “Seoul-si”), from around 01:39 to the front road located in C in the same city-line Line B.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, the driver's license ledger, and making an inquiry into the vehicle;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and the text of the judgment attached thereto;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances favorable to the defendant in sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

The defendant is divided into and reflected in the crime of this case.

The instant crime did not cause any personal and material damage.

The defendant has no criminal record of imprisonment with prison labor, and the driving of drinking has no record of criminal punishment exceeding the fine.

The defendant seems to have been under medical treatment due to cerebral conditions and depression, etc.

It is clear that the social relationship of the defendant is clear.

Circumstances unfavorable to the defendant are as follows:

Even though there was a record of fines twice due to drinking driving, as stated in the judgment of the defendant, the crime of this case has been committed again.

The defendant is punished by imprisonment with prison labor for six months for a violation of the National Sports Promotion Act (Gambling, etc.) in 2017.