logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.03.26 2019고단6887
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

【Criminal Power】 On January 21, 2014, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act in the Sung-nam Branch of Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】 The Defendant, as a person who violated the prohibition of drunk driving as above, driven a D-low vehicle under the influence of alcohol leveling 0.037% in a section of about 300 meters from the front of the Young-gu B apartment in Suwon-gu, Suwon-si to the front of the water zone C, for about 23:00 on October 22, 2019.

Summary of Evidence

1. Defendant's legal statement;

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

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), and application of 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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of being punished for a drunk driving in 2014, and the penal provision for a drunk driving was strengthened since June 25, 2019, and the defendant was also able to easily understand the above circumstances through the media, and there is a need for severe punishment in that he was engaged in a drunk driving corresponding to a criminal intent even during the suspension period.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant has no record of punishment in excess of the fine for the same kind of crime, and that there is no record of punishment in excess of the fine for the same kind of crime, and other various circumstances that form the conditions for sentencing as shown in the record, such as the age, character and conduct, environment, motive, means and consequence of the crime, etc.,

arrow