(영문) 수원지방법원 2020.11.26 2020고단5772

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(영문) 수원지방법원 2020.11.26 2020고단5772

도로교통법위반(음주운전)

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Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On February 20, 2019, 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.

【Criminal Facts】

On August 2, 2020, the Defendant: (a) driven a CTball-off car at approximately 20km section from the front of the department store B in Seongdong-si to the front road of the Seoul Tariff Office in Sungnam-si, with a blood alcohol concentration of about 0.127% from the 20km section from the front of the Seoul Tariff Office to the front road in Sungnam-si, and conducted a violation of the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on results of confirmation, and application of Acts and subordinate statutes of one summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant re-offending the Defendant with the history of having been punished once due to drunk driving in 2019; (b) the blood alcohol concentration level was not low; and (c) the driving distance was long; (c) the Defendant committed an offense; (d) the Defendant recognized the offense; (c) the Defendant does not have any traffic accident; (d) the Defendant was subject to a fine; (e) the previous conviction was a criminal offense; and (e) there was no other criminal conviction; and (e) the fact that the Defendant wanting to take the wife, taking into account the circumstances favorable to the Defendant; and (e) all the other factors of the sentencing specified in the records of the instant case,

참조조문

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