logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2021.02.09 2020고단7160
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

[Criminal Records] The Defendant is a person who was sentenced to a fine of two million won on February 9, 2018 as a crime of violating the Road Traffic Act (driving) at the Suwon Friwon.

[2] On September 26, 2020, the Defendant driven a eMW X5 car from around 1km section to the front road of the D restaurant located in Suwon-si, Suwon-si, which was under the influence of alcohol content of 0.125% during blood, even though he had the driving force of alcohol as above, from around 00:11, the Defendant driven a eMW X5 car from around 1km to around the D restaurant located in Suwon-si, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the circumstantial report made by a driver driving a drinking driver and the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment to relevant judgments);

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the Defendant had been punished for driving under drinking in 2018, the pertinent drinking was also driven under the influence of alcohol. Considering the risk of driving under drinking to many and unspecified persons, and the purport of the amendment of the amended law, which raised the statutory penalty, the nature of the relevant crime is not weak.

However, in full view of the fact that the defendant is led to confession and reflect, the age, attitude, environment, developments and distance of the defendant, circumstances after the crime, etc., and various sentencing conditions shown in the arguments, the punishment shall be determined as ordered.

arrow