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(영문) 수원지방법원평택지원 2020.11.20 2020고단1070
도로교통법위반(음주운전)
Text

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 October 18, 2018, the defendant was sentenced to a fine of one million won for the violation of the Road Traffic Act at the Suwon District Court's Eunpyeong site site.

Nevertheless, at around 22:48 on May 1, 2020, the Defendant driven a D self-purd vehicle with a blood alcohol concentration of about 0.068% in the 2km section from the front of Pyeongtaek-si to the front of the C apartment of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Notification of the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of statutes to inquire into foreign crimes and criminal investigation records;

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. According to Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc.:

The circumstances that have already been punished for driving under the influence of alcohol but are favorable to driving under the influence of alcohol: The fact that the crime is recognized and reflected, there is no circumstance to realize the risks of driving under the special circumstances that are discovered by simple drinking control; the blood alcohol concentration level at the time of detection is relatively low; the fact that there is no other criminal records other than the previous one.

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