logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.11.28 2019고단5859
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

[Criminal Power] On August 9, 201, the Defendant received a summary order of KRW 1 million for a fine for a violation of the Road Traffic Act from the Suwon District Court.

【Criminal Facts】

Although the Defendant violated the prohibition of drunk driving as above, on September 30, 2019, the Defendant again driven a motor vehicle in Fent Pestest under the influence of alcohol 0.125% at the section of approximately 2 km from the upper street of the “C” located in Heung-gu, Young-si B to the front street of the “E” located in the same Gu D from September 30, 2019.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Materials output of a drinking-free measuring instrument;

1. Previous convictions as indicated in the judgment: Criminal history records, reference reports (A), investigation reports (verification of suspect driving records), copies of the Decisions 2002 High Court Decision 2002 High Court Decision 42578, copies of the Decision -Jawon District Court Decision 2005 High Court Decision - Copies of the Decision 2005 High Court Decision - Supreme Court Decision 201 High Court Decision 2740

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 the history of having been punished three times or more by the Defendant for a drunk driving, and the penal provision for a drunk driving has been strengthened since June 25, 2019, and the Defendant was also able to easily understand the above circumstances through the media, etc., and there is a need to impose severe punishment in that the Defendant was making the instant drunk driving.

However, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant recognized the instant crime and divided his mistake; the Defendant has no record of punishment in excess of the fine yet; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the conditions of sentencing indicated in the record, such as the circumstances after the crime, etc.

arrow