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(영문) 수원지방법원 2018.02.08 2017고단7806
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

On May 1, 2009, the Defendant issued a summary order of a fine of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Suwon Friwon on May 1, 2009, and a fine of KRW 2 million to a violation of the Road Traffic Act at the Suwon Friwon on December 28, 2010.

On November 20, 2017, the Defendant driven B-wing truck under the influence of alcohol content of approximately 0.108% from the 5km section from the Do in front of the Agricultural Mart in the same Gu to the Yacheon-ri road located in the same Gu, in the event of the movement of the wife population at Chicago-si around 22:32, Nov. 20, 201.

As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the result of regulating drinking driving;

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

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to investigation reports (verification of driving skills under drinking);

1. Relevant Article of the Act and Articles 148-2 (1) 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) comprehensively taking into account the following circumstances; (b) the Defendant’s age, family relation, sexual conduct, environment; (c) motive and background of the crime; (d) the means and method of the crime; and (e) the circumstances after the crime, etc., the punishment is determined as ordered.

[ favorable circumstances] The Defendant: (a) led to the confession of the instant crime while recognizing his mistake; (b) the Defendant did not cause other damage, such as traffic accidents; (c) the Defendant was punished in excess of a fine; and (d) there was no previous conviction after around 2010; and (c) the Defendant has the spouse and children who are yet to support the Defendant.

In this case, the Defendant was punished twice due to drinking.

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