(영문) 수원지방법원 2019.10.25 2019고단4018

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(영문) 수원지방법원 2019.10.25 2019고단4018

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 April 6, 2017, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

On July 23:27, 2019, the Defendant driven a EN-si car at a section of approximately 300 meters of blood alcohol concentration of about 0.144% from the front of the “C” located in the Gansi Metropolitan Area B to the Dansi Metropolitan Area D intersection.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection (driving in violation of the Road Traffic Act) and reporting on investigation (driving in violation of the Road Traffic Act);

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

1. Records of judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes of one 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 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, considering the fact that the defendant recognized the crime of this case and divided his mistake, that there is no other criminal records other than the one fine recorded in the record as stated in the judgment of the defendant, and that there is no other criminal records, the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, the circumstances after the crime, etc., the punishment as ordered shall be determined.

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