(영문) 수원지방법원 2020.10.15 2020고단3449

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2020.10.15 2020고단3449

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

[Criminal Power] On November 8, 2017, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act at the Suwon District Court.

【Criminal Facts】

At around 23:53 on May 18, 2020, the Defendant driven a D Twork XG car under the influence of alcohol concentration of approximately 0.123% from the 3km section to the neighboring road of the water viewing distance of approximately 419 in order to ensure that the Defendant was under the influence of alcohol at approximately 3km from the roads near the Young-gu, Suwon City.

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: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same attached power);

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) a criminal defendant repeats a crime even though he/she had the history of having been punished once due to drunk driving; (b) a blood alcohol level high; and (c) a traffic accident was committed under the circumstances unfavorable to the criminal defendant; (d) a criminal defendant recognized the crime; and (e) a physical damage was caused by a traffic accident; (e) the damage was recovered; (c) a criminal record is a fine; and (d) a criminal record is a criminal record having no particular criminal record; and (e) no other criminal record exists; and (e) a criminal record is considered favorable to the criminal defendant; and (e) a court decision is made

참조조문

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