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Reasons
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(영문) 수원지방법원 2018.08.07 2018고단2442
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On April 12, 2018, the Defendant driven a BS-type car under the influence of alcohol content of about 0.275% in blood from the 2km section from the French land (hereinafter referred to as the “PY”) to the 7th road in Suwon-si, Suwon-si, Suwon-si, Suwon-si (hereinafter referred to as the “PY”) to the 67rd road in Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and a report on internal investigation;

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

1. Application of Acts and subordinate statutes governing alcohol appraisal among the blood;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the defendant has driven alcohol, and the nature of the crime is not less than that of the crime, but more than 0.275% higher than that of the blood transfusion due to drinking in this case. The defendant was punished by a fine for driving alcohol on June 2014, and the defendant has a record of being punished by a fine for driving without a license on December 2015.

However, the defendant recognized the crime of this case and divided his mistake, the defendant did not have any record of being found to drive under drinking except for the punishment of a fine once due to drinking driving as above, and the defendant's age, sex, environment, motive, means and consequence of the crime, and other various circumstances that form the conditions of sentencing as shown in the record, such as the circumstances after the crime, shall be determined as ordered, taking into account the following circumstances.

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