(영문) 수원지방법원 안양지원 2021.03.25 2020고단2500

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(영문) 수원지방법원 안양지원 2021.03.25 2020고단2500

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

[Power of crime] On May 5, 2016, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Friwon Frigwon.

[Criminal facts] On November 25, 2020, the Defendant driven a B-child vehicle under the influence of alcohol with approximately 1.5km alcohol concentration of about 0.143% at a section of approximately 1.5km from the mutual influent restaurant in the king-si, Gyeonggi-si, Gyeonggi-do to the scopic entrance of the same city.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the arrest of the case, a report on the situation of the driving of the alcoholic beverage, a report on the situation of the driver of the alcoholic beverage, a notice of the result of regulating drinking, and a record

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment is as follows: (a) the Defendant, in spite of his/her ability to drive alcohol once in one year in 2016; (b) the Defendant, in light of the circumstances unfavorable to the Defendant, who led to the confession and reflect of the instant crime; and (c) the Defendant, in consideration of the circumstances favorable to the Defendant, taking into account the fact that the Defendant led to the confession and reflect of the instant crime; and (d) the Defendant’s age, sexual behavior, environment, and the circumstances after the instant crime, etc.

It is so decided as per Disposition for the above reasons.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

유사 판례

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