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(영문) 수원지방법원 2017.11.07 2017고단5258
도로교통법위반(음주운전)
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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

Criminal facts

[criminal history] On October 1, 2010, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law at the Suwon Flag Flag, and on February 6, 2012, a summary order of KRW 2,50,000,000 was issued for the same crime in the Sungnam Flag Support.

[2] On August 15, 2017, the Defendant driven a DNA car under the influence of alcohol leveling 0.063% of alcohol level from around 500 meters to the roads located in the Dong-gu, the Dong-gu, the Dong-gu, the Dong-gu, the Dong-gu, the Dong-gu, and the Small and Medium Business Administration in front of the Dong-gu, the Defendant driven a DNA car under the influence of alcohol leveling from around 22:52.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the previous summary order) by Acts and subordinate statutes;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. Circumstances favorable to the defendant in sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

At the time of the instant crime, there was no significant personal and material damage.

There is no criminal punishment exceeding a fine due to the driving of drinking.

There is a situation in which the defendant is economically difficult to support his family, including two children.

Circumstances unfavorable to the defendant are as follows:

There is a record of being fined twice due to drinking driving as stated in the criminal records in the judgment of the defendant.

In 2016, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for fraud and committed the instant crime during the suspension of the execution of the sentence.

In addition to the above circumstances, the records of this case, including the Defendant’s age, sex, career, environment, background and result of the crime, and the circumstances after the crime.

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