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(영문) 수원지방법원 2021.01.28 2020고단5787
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 July 24, 2019, the Defendant issued a summary order of KRW 1.5 million for a crime of violating road traffic law at the Suwon Flag Flag method Board, and the above order became final and conclusive on September 17, 2019.

[2] Criminal facts are clear that the Defendant’s “2019” written in a written complaint is a clerical error.

7. 31. 31. Around 01:26, while under the influence of alcohol content of 0.124% among blood, he/she driven a e-benz passenger car at a section of about 4 km from the front of C in Osan City B to the front of D in the same city.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notice of the result of regulating the driving of drinking alcohol and a site for printer;

1. Previous convictions: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation reports (verification of records of drinking driving);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the defendant re-offending a crime despite the fact that he/she had been punished once in 2019 due to drinking alcohol driving, the fact that he/she has a high alcohol concentration in blood, and the fact that he/she has been punished due to a violation of the Road Traffic Act (in the event of an accident), etc., under the circumstances unfavorable to the defendant, while the defendant is recognized and against the defendant, the fact that the defendant is not involved in a traffic accident, the fact that the defendant has not committed a traffic accident, all of the above criminal records are punished by a fine, and the fact that he/she has no special criminal records, etc. are considered favorable to the defendant, and the decision is made as per the Disposition

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