logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.12.17 2020고단5202
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On September 28, 2016, the Defendant received a summary order of KRW 6 million from the Suwon District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 21, 2020, the Defendant driven an E rocketing car under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.075% from the 500-meter section to the D neighboring road in the same Gu, from the 22:45 on July 21, 2020.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the provisions of the Road Traffic Act prohibiting driving under the influence of alcohol once or more.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and the result of measurement of drinking;

1. Previous records: Application of criminal records, inquiry records, and Acts and subordinate statutes governing drinking driving force;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), 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 defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, has been punished by a fine due to a relatively recent drinking driving. In addition, considering the risk of the occurrence of the accident and the purport of the amendment of the Act increased by the statutory penalty, the nature of the crime is not exceptionally.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction in excess of the fine yet, and the fact that the accident does not lead to the accident, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, distance, blood alcohol concentration level, circumstances after the crime, etc., and various sentencing conditions specified in the records and arguments.

arrow