(영문) 수원지방법원 2020.11.26 2020고단4987

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(영문) 수원지방법원 2020.11.26 2020고단4987

도로교통법위반(음주운전)

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Defendant shall be punished by a fine of KRW 13 million.

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

Reasons

Punishment of the crime

[Criminal Power] On November 6, 2012, the Defendant received a summary order of a fine of seven million won from the Incheon District Court due to a violation of the Road Traffic Act (driving) and received a summary order of a fine of seven million won on one occasion.

【Criminal Facts】

On July 14, 2020, at around 23:31, the Defendant driven a DK7 vehicle while under the influence of alcohol 0.242% of alcohol concentration, from the section of the section of the National Land Management Act, from around B hotel to the first floor parking lot of C apartment of the same city to the first floor parking lot of C apartment of the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (reports on confirmation of the previous convictions) and application of Acts and subordinate statutes governing summary orders;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order committed a second offense despite the fact that the defendant had been punished once due to drunk driving, blood alcohol concentration is high, and that the defendant was also able to escape from tracking the crackdown police vehicle, etc., considering the circumstances unfavorable to the defendant, while the defendant is recognized as committing a crime and is against the truth, the fact that the defendant does not have any traffic accident, the criminal record of the above drunk driving is the criminal record of a fine, the fact that there is no particular criminal record, the fact that there is no other criminal record, and the fact that the economic situation is not good, etc., shall be considered as favorable to the defendant, and all other sentencing conditions shown in the records of this case shall be

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