(영문) 서울동부지방법원 2019.10.11 2019고단2465



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

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


Punishment of the crime

On June 10, 2019, at around 22:15, the Defendant driven a DNA car with a blood alcohol concentration of about 0.174% from the Songpa-gu Seoul Metropolitan City B market parking lot to the front road of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the Acts and subordinate statutes of the case, the inspection report on the results of the control of drinking driving, the inspection report on the circumstances of drinking drivers, the inspection report on the circumstances of drinking driving, and the inspection report on the circumstances of drinking driving; and

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); 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. In light of the risk of the instant crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order and the fact that the Defendant was punished by a fine for driving under influence on January 2016, there is a need to strictly punish the Defendant in light of the fact that the Defendant was driving under influence of alcohol.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the fact that the defendant is against his mistake; (b) the personal and material damage did not occur as a result of the defendant's crime; and (c) the age, character and conduct, environment, motive, means and consequence of the crime; and (d) various sentencing factors as shown in the arguments in the instant case,