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(영문) 수원지방법원 2021.01.21 2020고단6249
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

[Power of crime] On May 23, 2008, the Defendant was issued a summary order of 700,000 won of a fine for a crime of violating the Road Traffic Act at the Suwon Friwon method.

[Criminal facts] On August 29, 2020, the Defendant driven a D-to-purd vehicle with alcohol concentration of about 0.177% under the influence of alcohol level from around 00:30 on August 29, 202 to around 50 meters from the Do in front of the Young-si, Young-si B to the front of the Gu C.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

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 results of regulating drinking driving;

1. Previous convictions indicated in judgment: Inquiries about criminal history, investigation reports (Attachment of a summary order), application of Acts and subordinate statutes attached to the summary order No. 22343, May 2, 2013;

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 the following facts: (a) the Defendant committed a second offense despite the fact that the Defendant had been punished once due to drinking alcohol driving; (b) the blood alcohol concentration level is high; (c) traffic accidents occurred; and (d) the fact that the Defendant was punished due to a violation of the Road Traffic Act (in 2013, the traffic accident was disadvantageous to the Defendant; (b) on the other hand, the Defendant is recognized and seriously against the Defendant; (c) only minor physical damage occurred; (d) the driving of the said drinking prior to a fine in 208; (e) the driving prior to a fine in 208; and (e) the fact that there was no other criminal offense than the above traffic law violation (unrelated measures after an accident); and (e) the fact that the other person wanted to take the Defendant’s seat, taking into account the circumstances favorable to the Defendant; and (e) the decision as per Disposition by taking into account all other sentencing conditions

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