(영문) 수원지방법원 2020.04.03 2020고단246

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(영문) 수원지방법원 2020.04.03 2020고단246

도로교통법위반(음주운전)

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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 April 4, 2013, the Defendant was issued a summary order of KRW 1.2 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

On January 12, 2020, at around 21:22, the Defendant driven a Category D's Purpose in the state of alcohol level of about 0.066% of blood alcohol level at approximately 900 meters from the underground parking lot of B apartment to the front road of the C apartment in etern City.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Records of judgment: Application of criminal history records, reply reports, investigation reports (former and current Acts and subordinate statutes);

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 with regard to the crime of this case 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 that of the latter.

However, the defendant recognized the crime of this case and divided his mistake, and the defendant did not have any other criminal records other than the above one-time fine, and the defendant has no other criminal records, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the punishment as ordered shall be determined by taking into account the various circumstances, which form the conditions of sentencing as shown in the records, such as

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