(영문) 수원지방법원 평택지원 2020.05.15 2020고단174

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 평택지원 2020.05.15 2020고단174

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On September 29, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for the violation of the Road Traffic Act at the Suwon District Court's Eunpyeong site.

On January 10, 2020, at around 23:18, the Defendant driven a car with C low-speed while under the influence of alcohol leveling 0.107% at the Pyeongtaek-si parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (report on criminal records of the same kind as a suspect), and application of statutes on accompanying materials;

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. According to Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for the crime, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The fact that the driver re-drivings a motor vehicle with the history of punishment for driving under the influence of alcohol despite the fact that the driver had already been punished for driving under the influence of alcohol, the circumstances favorable to the fact that the blood alcohol level was not low at the time of detection: the confession and reflect of the crime, and the degree of driving the motor vehicle with the 3m load in the parking lot is merely the degree of driving, and thus the actual danger of driving was extremely low,

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