logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.04.10 2019고단8235
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[criminal power] On September 12, 2008, the Defendant received a summary order of KRW 1 million from the Suwon District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act (driving). On December 18, 2015, the Defendant received a summary order of KRW 1 million from the Suwon District Court’s Ansan Branch as the same crime.

【Criminal Facts】

On November 20, 2019, the Defendant driven C X-ray car at a 2-meter level under the influence of alcohol concentration of 0.132% on the front road of Young-gu, Suwon-si, Suwon-si, Suwon-si.

In the end, the defendant was driven under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the result of drinking driving control and the result of respiratory measurement;

1. Scenic photographs;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

1. Article 53 and Article 55 (1) 6 of the Discretionary Mitigation and Mitigation Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the defendant's provisional payment order is that the defendant's blood alcohol level is high at the time of committing the crime of this case, and that the defendant has been punished several times due to drinking driving, including the previous conviction in the judgment, is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case, the distance of the defendant's drunk driving in the crime of this case is very short, and the fact that the defendant has no record of punishment exceeding the fine within 20 years is favorable to the defendant.

Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

arrow