logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.09.11 2020고단3904
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

On November 23, 2011, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court due to a violation of the Road Traffic Act.

On May 17, 2020, at around 21:57, the Defendant driven a motor vehicle of ebroman in the state of alcohol with approximately 400 meters alcohol concentration of 0.132% in the section of about 400 meters from the roads near C Station in Osan-si B to the front road of D apartment static.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the control of drinking driving;

1. Records of judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

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 is that the defendant, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due to the drinking alcohol in this case.

However, the defendant recognized the crime of this case and divided his mistake, the defendant's drinking driving record has passed at least eight years since the date of the crime of this case, and the defendant's age, character and conduct, environment, motive and circumstance of the crime of this case, means and consequence, etc., and other circumstances which form the conditions for sentencing as shown in the record, such as the circumstances after the crime, shall be determined as ordered.

arrow