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(영문) 수원지방법원 2018.01.24 2017고단7608
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[criminal history] On April 20, 2007, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act (driving) at the Seoul Eastern District Court on April 20, 2007, and a summary order of three million won for a crime of violating the Road Traffic Act (driving on drinking), respectively, at the Suwon District Court on December 20, 201.

[2] Although Defendant 1 was punished for drinking driving two or more times as above, Defendant 2 driven LK5 cars under the influence of alcohol for about 0.145% in the section of approximately 50 meters from the 500 meters alcohol level to the front road of the pet farm located in the Sinan-dong at the time of lightlighting around 22:38, Nov. 2, 2017 to the front road, from the front road of the same Sinan-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. Articles 70(1) and 69(2) of the Criminal Act, which are disadvantageous to the reasons for sentencing at the Nowon-gu Station, - The Defendant has the history of having been punished several times for the same kind of crime. - The Defendant’s blood alcohol concentration is high. The favorable circumstances - the Defendant is punished for the same kind of crime once in 2007 and 2011, respectively. - The period of the crime is not concentrated. - It is determined that there is no room for inducing the correction of the Defendant’s edification due to a large amount of fine. The sentence should be imposed as ordered in consideration of all the conditions of the sentencing revealed in the trial process in each of the above circumstances.

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