(영문) 수원지방법원 2020.05.08 2019고단7872

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(영문) 수원지방법원 2020.05.08 2019고단7872

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

On May 16, 2014, the Defendant was issued a summary order of KRW 3.5 million due to a violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch.

On November 23, 2019, around 01:58, the Defendant driven a DJ car in the state of alcohol alcohol concentration of about 0.135% while under the influence of alcohol concentration of about 3km from the front of the ‘CB bank' to the front of the ‘CF 1069' road in Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports (fields, etc.);

1. Notification of the results of drinking-free driving and the control of drinking driving, report on the state of drinking driving, etc.;

1. Records of judgment: The application of references to criminal records and investigation reports (report on confirmation of criminal records) Acts and subordinate 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 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due to the drinking alcohol in this case.

However, in light of various circumstances, such as the defendant's recognition of the crime of this case and his mistake, the fact that the defendant appears to have disposed of the vehicle of this case, the defendant has no other criminal records other than twice a fine, and the age, character and conduct, environment, motive and circumstance of the crime, means and result of the crime, etc., the punishment as ordered shall be determined by taking into account the various circumstances, which are the conditions of sentencing indicated in the record, such as the circumstances after

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