(영문) 수원지방법원 2020.02.06 2019고단6343

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(영문) 수원지방법원 2020.02.06 2019고단6343

도로교통법위반(음주운전)

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Defendant shall be punished by a fine of KRW 13 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On April 3, 2008, the Defendant was issued a summary order of KRW 1 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 27, 2019, at around 02:30, the Defendant driven a motor vehicle in the e-mail in the section of about 300 meters from the Suwon-si B, Suwon-si to the front road in Suwon-si, Suwon-si, the Defendant driven a motor vehicle in the e-mail area of about 00 meters.

As a result, the Defendant violated the regulations on the prohibition of drunk 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. A written appraisal of blood alcohol;

1. Previous convictions: Application of Acts and subordinate statutes attached to criminal records and identical summary orders;

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 the following facts: (a) the Defendant committed a second offense despite the fact that the Defendant had been subject to punishment once due to drunk driving; (b) the blood alcohol concentration is considerably high; (c) immediately after the control is not good; and (d) the fact that the Defendant has been subject to punishment several times due to a second-class crime is disadvantageous to the Defendant; (b) the Defendant is recognized and against the Defendant; (c) the Defendant has not committed a crime; (d) the fact that the Defendant was not involved in a traffic accident; (d) the criminal record is the criminal record of a fine; and (e) the fact that the Defendant was subject to punishment for a second-class crime is the criminal record of a fine for 208; and

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