logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.11.24 2020고단4128
도로교통법위반(음주운전)
Text

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

【Criminal Power】 On January 18, 2017, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act from the Suwon District Court.

[Criminal Power] On June 17, 2020: (a) around 00:15, the Defendant driven Dworka car in the state of alcohol alcohol concentration of about 0.049% from a 500-meter section from the front of Suwon-si, Suwon-si B apartment road to the front of Suwon-si, Suwon-si, to the front of Suwon-si, which is under influence of alcohol level of about 0.049%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the report on circumstantial statements of a drinking driver and the control results of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), investigation reports (verification of the same criminal records as a suspect), and application of 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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished for driving under the influence of alcohol in 2017, the driving of the instant case was done under the influence of alcohol. Considering the risk of drinking driving to many unspecified persons and the purport of the amendment of the amended Act of which the statutory penalty is raised, the nature of the relevant crime is not easy.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.

arrow