logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.08.14 2020고단3227
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

On July 18, 2008, the Defendant was issued a summary order of KRW 5 million by the Suwon District Court due to a violation of the Road Traffic Act.

On May 11, 2020, the Defendant driven a sports cargo vehicle with DNA alcohol concentration of 0.134% from the front of the restaurant located in the influent city B (B) to the Crist Road, while under the influence of alcohol level of 0.134%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Report of internal investigation by the defendant on the defendant's legal statement (with regard to circumstances of control)

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, and summary order-related 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, in light of various circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result, etc., the sentencing conditions indicated in the record shall be determined as ordered, 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 not less than 11 years since the date of the crime of this case; and (c) the defendant has no other criminal records other than two times of fine.

arrow