beta
(영문) 수원지방법원 여주지원 2020.03.30 2019고단1347

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On July 5, 2013, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act (refluence of noise measurement) in the Chuncheon District Court's original state support.

Nevertheless, around 07:06 on October 11, 2019, the Defendant driven a e-purged vehicle with a blood alcohol concentration of about 0.072% in the section of about 10km from the B apartment parking lot of Gyeonggi-si to C and D golf course parking lot of Gyeonggi-do.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report;

1. Notification of the results of the control of drinking driving, inquiry into the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, investigation report (report on the status of drinking drivers), and report on the status of drinking driving;

1. On-site photographs;

1. Accident video CDs;

1. Previous convictions indicated in judgment: A written inquiry report, investigation report (verification of the same kind of power), and application of summary order 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 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 Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Korea Criminal Procedure Act, driven a drinking alcohol test in 2013, even though he/she had been punished by the act of refusing to take a drinking

However, the defendant's blood alcohol concentration was relatively high at the time of crime.

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.