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(영문) 수원지방법원 2021.01.21 2020고단6299
도로교통법위반(음주운전)
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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

[Criminal Records] On December 18, 2009, the Defendant received a summary order of a fine of two million won for a violation of road traffic law from the Suwon Flag Flag on December 18, 2009.

[2] On August 12, 2020, the Defendant driven Cystren motor vehicle under the influence of alcohol with approximately 12km alcohol concentration of about 0.241% from the 12km section to the adjacent road in Suwon-si, Annsi-si, Annsi-si, Annsi-si, Annsi-si, Annsi-si, Annsi-si, whose location is less than the upper part of the 21:20 on August 12, 2020

Therefore, even though the Defendant violated the prohibition of drinking driving under the Road Traffic Act once, he again driven a motor vehicle under the influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the result of drinking measurement and the result of regulating drinking driving;

1. A response to a request for appraisal and a written appraisal;

1. Previous convictions: Inquiry of criminal history, influence of drinking, and application of summary order Acts and subordinate statutes;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant committed a second offense despite the fact that the Defendant had been punished twice due to drinking alcohol driving; (b) the fact that the blood alcohol concentration is very high; (c) on the other hand, the Defendant recognized the Defendant’s crime and is against the truth; (d) the Defendant did not have any traffic accident; and (e) the above drinking driving criminal record is a long-term fine; and (e) the fact that there is no other criminal record, both of which are favorable to the Defendant, shall be considered in consideration of the circumstances favorable to the Defendant; and (e) the decision is made as per the Disposition by taking into account all

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