(영문) 수원지방법원 2020.11.26 2020고단5531

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Reasons

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(영문) 수원지방법원 2020.11.26 2020고단5531

도로교통법위반(음주운전)

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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

On October 7, 2009, the Defendant was issued a summary order of a fine of one million won for the crime of violating the Road Traffic Act in the support of the Daejeon District Court on the Incheon District Court.

Criminal facts

On July 20, 2020, the Defendant was under the influence of alcohol of 0.138% of blood alcohol concentration on July 20, 2020, and was driving a E-Lon car at a section of about 100 meters from the front of the wife population B to D located in C.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of previous records and a copy of summary order), and application of one copy of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the defendant repeated the crime despite the fact that the defendant had been punished once due to drunk driving; (b) the degree of blood alcohol level is high; and (c) a majority of the previous criminal records are disadvantageous to the defendant; (d) the defendant recognizes the crime and seriously reflects the fact that the defendant does not have any traffic accident; (e) the previous criminal records of the above drinking driving are criminal records of 2009; and (e) the previous criminal records of the above drinking driving are criminal records of 209, which are favorable to the defendant; and (e) the other criminal records of the same kind

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