(영문) 수원지방법원 2020.11.20 2020고단4889

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(영문) 수원지방법원 2020.11.20 2020고단4889

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On January 28, 2015, the Defendant had been under the summary order of KRW 6 million due to the violation of the Road Traffic Act (fluence) at the Suwon District Court on the charges of violation of the Road Traffic Act (fluence). However, on June 30, 2020, the Defendant driven a CKan car under the influence of alcohol level of approximately 0.079% from the day before the restaurant, which is not aware of the trade name of the Southern Simsan-dong on June 30, 2020 to B before the influence of approximately 100 meters from the day before the influence.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. An accident site photograph;

1. Previous records: Criminal records, inquiry reports, summary orders, and application of Acts and subordinate statutes;

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

1. The Defendant again committed the instant crime even though he had the record of punishment for the sentencing of Article 334(1) of the Criminal Procedure Act, including the previous conviction in the judgment, and there is no motive or circumstance to consider the commission of the instant crime. It is an unfavorable circumstance to the Defendant that there is no motive or circumstance to consider the commission of the instant crime.

On the other hand, the fact that the defendant recognizes the crime of this case is favorable to the defendant.

Other circumstances shown 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.

참조조문

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