(영문) 수원지방법원 2020.04.10 2020고단22

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 2020.04.10 2020고단22

도로교통법위반(음주운전)

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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 April 18, 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 Suwon District Court.

On November 30, 2019, at around 01:17, the Defendant driven a car with a c diver in the state of under the influence of alcohol level of 0.157% at approximately 46 km from the 46km section to the roads near the water source located in the water source located in the area of Suwon City, Seowon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Reporting on detection of a violation of the Road Traffic Act;

1. The circumstantial statement of a drinking driver, the circumstantial report of a drinking driver, and the notification of the result of crackdown on drinking;

1. Records of judgment: Application of criminal records, inquiry reports, and summary order-related 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 on the ground of sentencing of the provisional payment order is that the defendant, who has a record of driving a drunk, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but the result of the blood alcohol concentration due to drinking in this case is higher.

However, the defendant recognized the crime of this case and divided his mistake, the defendant did not have any other criminal records other than the above one-time fine, the defendant's drinking driving record has passed since the date of the crime of this case, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result, etc., and the punishment as ordered shall be determined by taking into account the various circumstances, which are the conditions for sentencing specified in the record, such as the defendant's age, character and behavior, environment, motive and circumstance of

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