(영문) 수원지방법원 2020.09.25 2020고단4644

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(영문) 수원지방법원 2020.09.25 2020고단4644

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On September 15, 2006, the defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act by the Suwon District Court.

Around 00:30 on July 1, 2020, the Defendant driven an E New-Wurt Vehicles with approximately 4km alcohol concentration of about 0.106% from the distance from “C” to “D,” which is located in Ssung City B, to the front road.

Accordingly, the defendant violated the regulations prohibiting 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. Records of judgment: Application of criminal records, inquiry reports, investigation reports, and 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, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the Defendant recognized the instant crime and divided his mistake; (b) the Defendant scrapped the instant vehicle and completed the registration of cancellation; (c) the Defendant’s drinking driving force has passed for more than 13 years from the date of the instant crime; and (d) the Defendant has no other criminal records other than three times before and after the date of the instant crime; and (c) the Defendant has the age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime; and (d) other various circumstances

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