(영문) 수원지방법원 2021.01.21 2020고단6439

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2021.01.21 2020고단6439

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[Power of crime] On December 15, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violating the Road Traffic Act (driving in Drinking) in support of the Sungnam branch of Suwon Friwon.

[2] On August 10, 2020, around 19:50 on August 10, 2020, the Defendant driven a Clearning car under the influence of alcohol content 0.146 percent in blood, from around the 20 kilometers away from the king Station adjacent to the king Station of the Korean Railroad Museum to the front road of the Gyeongsung City.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions of the disposition and reporting of the results thereof, and applying the statutes governing summary orders;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include: (a) the Defendant committed a second offense despite the fact that the Defendant had been punished once due to drinking alcohol driving; (b) the blood alcohol concentration level was high; and (c) the occurrence of a traffic accident in light of the details of the traffic accident, which appears to have occurred; (c) the Defendant was disadvantageous to the Defendant; (d) on the other hand, the Defendant recognized the offense; (d) the Defendant was in a fluent manner against the truth; and (e) physical damage occurred due to a traffic accident; and (e) the damage was recovered; (e) the above driving offense was subject to a fine for the year 2008; and (e) the fact that there was no other criminal conviction. It is so decided as per Disposition by taking into account all other factors favorable to

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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