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(영문) 수원지방법원 성남지원 2020.05.07 2020고단436
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On August 29, 2016, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 19, 2020, the Defendant driven a motor vehicle for E B in the front side of Gwangju City from about 1km to the front side of the entrance of the D Village in Gwangju City, while under the influence of alcohol of 0.050% of blood alcohol concentration at around 21:18.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Report on the legal statement of the defendant, the driver, the state of his oral statement, and notification of the result of the drinking driving control;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (verification of recidivism of sound driving)-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, once again committed the instant crime of drinking alcohol again within a relatively short period despite the fact that he/she had been punished for drinking alcohol.

Taking into account the degree of exploitation, driving distance, danger, etc., and other factors of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive and means of crime, etc., the punishment as ordered shall be determined.

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