(영문) 수원지방법원 2018.01.31 2017고단7707

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Reasons

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(영문) 수원지방법원 2018.01.31 2017고단7707

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of two million won on December 29, 2006 to a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon on December 29, 2006, and a fine of one million and five million won on March 10, 2014 by the same court as a violation of the Road Traffic Act (drinking driving).

[2] On November 2, 2017, the Defendant driven B-low-income vehicle under the influence of alcohol content of about 2km from around 18:30 to about 0.093% of alcohol content on the roads in front of construction of SD, 165, 165, a new wife population, to the roads in front of national highways No. 45, which are located in the same new roads, 5, old old new roads.

Summary of Evidence

1. Statement by the defendant in court;

1. The survey report on actual condition, on-site photographs, and the statement report on the situation of the driver in charge;

1. Application of an inquiry letter, such as criminal history, and a copy of a summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The circumstances unfavorable to the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act in the custody of the workhouse - The defendant has been subject to punishment several times in the same kind of crime. Recognizing the favorable circumstances - the defendant recognizes all criminal facts. - Taking into account the fact that the amount of alcohol content in the blood of the defendant was left in the lower limit section of the punishment. - The fact that the criminal records of the defendant’s punishment are once every time in 2006 and 2014, and the period of the crime is not concentrated. - The defendant has no record of being sentenced to a fine so far. The sentence should be imposed as indicated in the order of the punishment, taking into account all the conditions of the punishment revealed in the course of the trial.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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