logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.01.16 2019고단6052
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 Power] On January 21, 2019, the Defendant received a summary order of KRW 1,50,000,000 from the Suwon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

Despite the fact that the Defendant violated the prohibition of drunk driving as above, the Defendant driven a car at approximately 100 meters away from September 30, 2019 to the vicinity of the E facilities located in the same Gu from the date in Suwon-si, Suwon-si, Suwon-si, D, to the street near the E facilities located in the same Gu, while under the influence of alcohol by 0.07% with a blood alcohol concentration of 0.07%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Before judgment: References to criminal records, references to criminal records, report on the results of confirmation before disposition, and application of Acts and subordinate statutes of a summary order;

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 defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, was sentenced to a fine for driving under the influence of alcohol at the beginning of 2019 as stated in its reasoning, and even if so, he/she was sentenced to a fine for driving under the influence of alcohol at a short time. In light of the purport of the amendment of the Criminal Procedure Act, the nature of the crime is not good.

However, considering the fact that the defendant is led to confession and reflect, that there is no previous conviction other than the above previous one, that the driving distance was relatively short and that the blood alcohol concentration was not high, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, circumstances after the crime, etc. and various sentencing conditions shown in the records and arguments, including the defendant's age, attitude, circumstances after the crime, etc.

arrow