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(영문) 수원지방법원 2020.01.22 2019고단6936
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13 million.

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

Reasons

Punishment of the crime

On October 4, 2018, the Defendant was issued a summary order of KRW 3 million with a fine for a violation of the Road Traffic Act by the District Court of the Republic of Korea on October 4, 2018.

Around 22:20 on October 24, 2019, the Defendant driven a Fpoter II truck at a section of about 300 meters up to the front road of the E parking lot located in D near Gangdong-gu Seoul Metropolitan Government, while under the influence of alcohol content of 0.103%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (including the receipt of the case and the details of the measurement of drinking), the form for measurement of drinking alcohol, and investigation report (report on the circumstances of the drinking driver);

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a copy of summary order), and application of one copy of summary order Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act of the choice of punishment, selection of fines (in the absence of criminal records exceeding fines, the same kind of criminal records and one time before and after the same kind of crime, the driving distance is relatively short, the occurrence of the accident at the time, but the damage is deemed to have been restored through insurance processing, and the disposal of the vehicle after the instant case, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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