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(영문) 수원지방법원 2020.04.02 2019고단7471
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

On August 26, 2014, the defendant was sentenced to a fine of three million won by the Suwon District Court for a violation of the Road Traffic Act.

On October 27, 2019, at around 03:30, the Defendant driven a motor vehicle in Category B in the section B of about 5.5 km from around 924 Won-gu to the 171 amambly in Young-gu, Young-gu from around 924 Won-si, as the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.056%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of being punished for a drunk driving, and since June 25, 2019, the penal provision for a drunk driving was strengthened, and the defendant was also able to easily understand the above circumstances through the media, etc., and there is a need for strict punishment in that he/she was a drunk driving.

However, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant recognized the instant crime and divided his mistake; the Defendant has no record of punishment in excess of the fine yet; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the conditions of sentencing indicated in the record, such as the circumstances after the crime, etc.

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