(영문) 수원지방법원 2020.01.09 2019고단5703

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자간(%)

(영문) 수원지방법원 2020.01.09 2019고단5703

도로교통법위반(음주운전)

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Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On July 19, 2013, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) from an Ansan District Court.

【Criminal Facts】

On September 15, 2019, the Defendant again driven CK7 vehicles at a section of about 5km from the roads near the Suwon-si, Suwon-si B market to the roads front of the Suwon-gu hand-on hand-on city, where he had a alcohol level of 0.136% under the influence of alcohol level around 00:35, Sept. 15, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

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

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The reasoning for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, despite the fact that the defendant had been subject to punishment once due to drunk driving, repeated the crime, the blood alcohol concentration is considerably high, and the fact that the defendant had been subject to punishment once due toless driving, etc. are disadvantageous to the defendant. Meanwhile, the defendant seems to have committed the crime, while it appears that the defendant is against the truth, there is no traffic accident, the criminal record of the above drunk driving is the criminal record of a fine, the criminal record of the above drunk driving is the criminal record, and the defendant supports his/her family due to negligent driving, shall be considered as favorable to the defendant, and all other sentencing conditions shown in the records of this case shall

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