beta
(영문) 수원지방법원 여주지원 2020.03.25 2020고단101

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On October 6, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Sungnam Branch of Suwon District Court, and on April 12, 2013, a summary order of KRW 3 million as a fine for the same crime was issued, respectively.

【Criminal Facts】

On November 8, 2019, the Defendant driven a F Track vehicle at a distance of about 100 meters from the front side of the C in Ischeon-si B to the front side of E in Ischeon-si D, while under the influence of alcohol of 0.09% of blood alcohol level around 22:44.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the situation of drinking driving, report on the situation of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (attached to summary orders of the same kind of suspect records);

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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 a provisional payment order is that the Defendant once driven a drinking alcohol again even though he/she had the record of drinking alcohol driving twice.

However, the distance of drinking driving is relatively short.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.