(영문) 수원지방법원 2021.01.14 2020고단7234

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2021.01.14 2020고단7234

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[criminal history] On June 10, 2016, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court.

[Criminal facts] On October 9, 2020, the Defendant driven a 31 ton freezing tower while under the influence of alcohol leveling 0.063% from the parking lot B of the building B in Yongsan-si to the front side of the building B, on October 9, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver who is placed in the main place, investigation report (report on the situation of the driver who is placed in the main place), and the result of drinking

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

1. Articles 148-2(1) and 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the selection of fines for criminal facts

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has been punished by a fine due to a relatively recent drinking driving. In addition, considering the risk of the occurrence of an accident resulting therefrom and the purport of the amendment of the amended Act, the nature of the crime is not exceptionally given the risk of the occurrence of an accident and the purport of the amendment.

However, taking into account the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction exceeding the fine until the fine has yet to be exceeded, and the fact that the accident has not led to a multi-accident, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, distance, alcohol concentration in blood, circumstances after the crime, etc., and various sentencing conditions shown in the records and arguments,

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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