(영문) 수원지방법원 2020.10.30 2020고단5524

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(영문) 수원지방법원 2020.10.30 2020고단5524

도로교통법위반(음주운전)

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Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On September 19, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

On July 14, 2020, at around 18:49, the Defendant driven C cargo vehicle while under the influence of alcohol with approximately 1.5km alcohol concentration of about 0.109% in the section of approximately 1.5km from the vicinity of Seocho-gu Seoul Metropolitan Government to the Hungdong in Gangnam-gu, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

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, investigation reports (a summary order attached to the same type of power);

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, the defendant recognized the crime of this case and divided his mistake, the defendant's drinking driving record has passed more than 11 years since the date of the crime of this case, and the defendant has no record of criminal punishment other than four times of fine, and the defendant has no record of criminal punishment, and the defendant's age, health status, character and behavior, environment, motive and circumstance of the crime, means and result, etc., as stated in the records, shall be determined as ordered by taking into account various circumstances, such as the defendant's age, health condition, character

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