(영문) 수원지방법원 2021.03.26 2020고단7978

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(영문) 수원지방법원 2021.03.26 2020고단7978

도로교통법위반(음주운전)

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Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On May 23, 2008, the Defendant used a fine of KRW 1 million for a violation of the Road Traffic Act (drinking driving), and a fine of KRW 4.5 million for a violation of the Road Traffic Act (drinking driving) in the same court on May 16, 2014. However, on September 30, 2020, the Defendant driven a volume of Cran-car with a alcohol level of KRW 0.085% under the influence of alcohol level in the 1km section from the front of the water source distance in Suwon-si, Suwon-si, Suwon-si, Suwon-si, to the front of the Suwon-si, Suwon-si, Suwon-si, the Defendant driven a volume of alcohol level of KRW 0.085% under the influence of alcohol level from around 1km to the front of the Suwon-si, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking alcohol, report on the situation of the driving of a drinking boat which is measured by drinking, and investigation report on the situation of the driver taking the drinking (report on the situation of the driver taking the driving);

1. Previous conviction: A written reply to inquiry, such as criminal history, (A), report on investigation (verification of the same record as the suspect), and application of summary order-related Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

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

1. Article 334(1) of the Criminal Procedure Act provides that the defendant with reasons for sentencing two times the criminal records of punishment for the same crime, the alcohol level at the time exceeds 0.085%, and the defendant's criminal records and this case's criminal records are recognized, and there is no record of punishment except for the criminal records in the judgment, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc. are determined by taking full account of the following factors: the defendant's criminal records and this case's criminal records and this case's criminal records are at intervals of not less than six years; the defendant's criminal records and this case's criminal records have no record of punishment.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

유사 판례

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