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(영문) 수원지방법원 여주지원 2020.02.17 2019고단1299
도로교통법위반(음주운전)
Text

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

(Criminal) On April 10, 2009, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the inn branch of Suwon District Court on April 10, 2009, and a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) from the inn branch of Suwon District Court on October 22, 2014.

Criminal facts

At around 22:50 on December 9, 2019, the Defendant driven an E-3 car under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.117% from the 500-meter section to the front road in the same city as D, in front of the Gyeonggi-si B Apartment.

Accordingly, the defendant was driven under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, report on the circumstantial statements of drinking drivers, investigation report (report on the status of drinking drivers), and report on the status of drinking driving;

1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the Defendant once driven a drinking alcohol again even though he/she had the record of drinking alcohol driving twice.

However, the distance of drinking driving is relatively short.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.

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