(영문) 수원지방법원 2020.11.27 2020고단6478

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Reasons

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자간(%)

(영문) 수원지방법원 2020.11.27 2020고단6478

도로교통법위반(음주운전)

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Defendant shall be punished by a fine of 16,000,000 won.

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

Reasons

Punishment of the crime

On December 26, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court, and on January 8, 2010, the Defendant issued a summary order of KRW 1 million as a fine for the same crime at the same court.

At around 15:00 on September 12, 2020, the Defendant driven a BF car under the influence of alcohol content of about 6 km from the front of a non-cafeteria, which is located on the side of the wife population in Yongsan-si, to the front of the 112-day off the middle-gu office distance, the center population of which is located in the Hannam-si, the Hannam-si, Hannam-si, to the front of the 112-day city.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on violation of the Road Traffic Act;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the control of drinking driving, and record of the measurement of drinking alcohol;

1. Records of judgment: To refer to inquiries, such as criminal records, and to the application of Acts and subordinate statutes to investigation reports;

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

However, in light of various circumstances, such as the defendant's 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 following circumstances: (a) the defendant recognized the crime of this case and divided his mistake; (b) the period of drinking driving of the defendant has passed more than 10 years from the date of the crime of this case; and (c) the defendant has no other criminal records other than the two times of fine; and (d) the defendant

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