logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.04.24 2020고단121
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

On July 4, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

On December 9, 2019, at around 01:50, the Defendant driven a DNA car under the influence of alcohol level of about 0.201% from the 4km section from the front of the “C” road located in Suwon-si B, Suwon-si, Suwon-si, to the front road of the 2amba-2, which is located in the sphere of Suwon-si, Suwon-si, Suwon-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the arrest of the case and an internal investigation;

1. The circumstantial statement of the driver, the investigation report, and the written appraisal of blood alcohol;

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 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 it is very high in the blood alcohol concentration due to the drinking of this case.

However, the defendant recognized the crime of this case and divided his mistake, the defendant appears to have disposed of the vehicle of this case, the drinking driving record of the defendant has passed since 11 years or more from the date of the crime of this case, and the defendant has no other criminal records other than four times of 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 result, the circumstances after the crime of this case, etc. are considered, and the punishment as ordered shall be determined as per the disposition.

arrow