(영문) 수원지방법원 안양지원 2021.03.30 2020고단2463

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(영문) 수원지방법원 안양지원 2021.03.30 2020고단2463

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On February 4, 2013, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) in the support for the development of a water source method source.

Nevertheless, on November 18, 2020, the Defendant driven a DNA knife vehicle under the influence of alcohol concentration of 0.034% from the 20km section from the front side of the Manan-gu Mang-si, Ansan-si to the front side of the Seocheon-si, Mayang-si, Anncheon-si, the Defendant driven the Dknife vehicle under the influence of alcohol concentration of 0.034%.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking.

Summary of Evidence

1. Report on the circumstances of driving under the defendant's legal statement, inquiry into the results of crackdown on driving under drinking, and statement of the situation of the driver under the influence of alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order);

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

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act does not have any specific criminal history other than the previous conviction in the judgment of the defendant, and the defendant's age and character, character and conduct, motive, means and consequence of the crime, and other various circumstances constituting the conditions for sentencing as shown in the pleadings of the instant case, such as the defendant's age, character and conduct, motive, means and consequence of the crime, shall be determined as ordered, taking into account all the circumstances,

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