(영문) 수원지방법원 2020.11.20 2020고단6159

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(영문) 수원지방법원 2020.11.20 2020고단6159

도로교통법위반(음주운전)

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Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On May 7, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act by the District Court of Jung-gu.

On July 11, 2020, the Defendant driven a DNA car in the state of alcohol with approximately 0.172% alcohol concentration from the 1k section of approximately 1k to the 2-lane road of the wife population C at permissible time, from the road located below the wife population B at Chicago-si on July 23, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of violation of the Road Traffic Act (driving) and investigation report on the 112-Report processing table (verification of CCTV at the control site);

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 inquiry reports and copies of summary order 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 of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case 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 that of the latter.

The defendant has been punished for a fine because he/she has already been exposed to drinking driving, etc. twice.

However, the defendant's recognition of the crime of this case and reflects the fact that all the defendant's drinking driving records have passed more than 12 years from the date of the crime of this case, the defendant has no record of criminal punishment other than the above two-time criminal records, and the defendant has no record of criminal punishment, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result, etc., and the conditions of punishment as shown in the records, such as the circumstances after the crime, shall

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