(영문) 수원지방법원 2021.02.05 2020고단6124

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2021.02.05 2020고단6124

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

On October 15, 2012, the Defendant had been under the summary order of KRW 1,00,000 as a crime of violating road traffic law (driving alcohol) in the Daejeon District Court's branch on October 15, 2012. However, on September 5, 2020, the Defendant driven a 590-car under the influence of alcohol content 0.192% of alcohol content in blood while driving a vehicle from the 8km section of approximately 8km to the front road located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. On a screen of the notification of the results of regulating the driving of drinking, the statement of the circumstances of the driver of the driving of drinking, the investigation report (the report on the situations of the driver of the driving of drinking);

1. Arounding light - visible light;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the Defendant again committed the instant crime even though he had been punished for driving alcohol as stated in its reasoning, and there is no motive or circumstance to consider the commission of the instant crime. At the time of the instant crime, the Defendant’s blood alcohol concentration, speech and behavior, walking condition, and the process of detection showed a very high risk of traffic brought by the Defendant, which is disadvantageous to the Defendant.

On the other hand, the defendant seems to have the attitude of recognizing and opposing the crime of this case and selling personal vehicles, etc. to not repeat the crime of this case.

It is favorable to the defendant.

Other circumstances shown in the records, such as the age, sex, motive and background of the crime, results and circumstances of the crime, etc., shall be determined as per the order.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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