(영문) 수원지방법원 2020.02.07 2019고단6566

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2020.02.07 2019고단6566

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On October 1, 2007, the Defendant was issued a summary order of KRW 1,500,000 in the Seo-gu District Court Branch Branch of Seo-gu District Court.

On September 14, 2019, at around 22:00, the Defendant driven a DNA car under the influence of alcohol concentration of 0.161% from a section of approximately 100 meters from a section of approximately 100 meters in front of the Suwon-si, Suwon-si to the front of the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Reports on internal investigation and investigation reports;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Records of judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of a summary order);

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 of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is that the defendant, who has a record of driving a drunk, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but the result of the blood alcohol concentration due to drinking in this case is higher.

However, in light of various circumstances, such as the defendant's recognition of the crime of this case and reflects on the fact that the defendant is driving under the influence of alcohol, the fact that the defendant is not driving under the influence of alcohol, the fact that the defendant returned the vehicle of this case that 11 years or more have passed since the date of the crime of this case, and the records, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence, etc., the punishment shall be determined as per the disposition.

참조조문

유사 판례

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