(영문) 수원지방법원 2020.04.03 2019고단7193

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자간(%)

(영문) 수원지방법원 2020.04.03 2019고단7193

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On August 22, 2012, the Defendant issued a summary order of KRW 5 million at the Suwon District Court on August 22, 2012 due to a violation of the Road Traffic Act (refluence of measurement).

At around 21:50 on September 28, 2019, the Defendant driven D Lastren car at approximately KRW 1 km up to the intersection of the 151km-hon, in front of the “C,” under the influence of alcohol with a blood alcohol concentration of 0.107%.

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. The circumstantial statement, investigation report, and statement of blood alcohol alcohol of the drinking driver;

1. Records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the record of refusal to measure sound records) and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that 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, considering the fact that the defendant recognized the crime of this case and divided his mistake, that there is no record that the defendant has been punished for a stay of execution or more yet, and that there is no record of the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence, etc., the punishment as ordered shall be determined by taking into account the various circumstances that form the conditions of sentencing as shown in the records

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