(영문) 수원지방법원 2021.01.15 2020고단5606

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2021.01.15 2020고단5606

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 16,000,000 won.

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

Reasons

Punishment of the crime

On February 23, 2016, the Defendant received a summary order of fine not exceeding four million won due to a violation of the Road Traffic Act (drinking) from a water source method source.

Nevertheless, on August 8, 2020, the Defendant driven a D-cr cruise car under the influence of alcohol content of about 0.219% in the 5km section from the front of the parking lot B in Mosung City to the front of the Osan City, Osan City.

As a result, the Defendant, even though he had been punished for driving under the influence of alcohol, has violated the prohibition of driving under the influence of alcohol twice or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, investigation report, investigation report (in case of refusal to affix the statement report on the situation of the driver at home), the statement of the situation of the driver at home, investigation report (in case of the driver at home), notification on the results of regulating the driving of drinking, inquiry into the results of regulating the driving of drinking, and investigation report (in case of refusal to affix the report on the driver at home

1. Photographs at the time of detection;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;

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, even though the Defendant had been punished for driving alcohol as stated in its reasoning, committed the instant crime again. The Defendant’s blood alcohol concentration or speech condition at the time of the instant crime, and the traffic risk caused by the Defendant in light of the walking condition, there is no motive or circumstance to take into account the instant crime, and the attitude at the time of the detection of the instant crime is also unfavorable to the Defendant.

On the other hand, the fact that the defendant recognizes the crime of this case and that there is no record of criminal punishment is favorable to the defendant.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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