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(영문) 수원지방법원 여주지원 2020.03.31 2020고단240
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On April 16, 2007, the Defendant received a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act, on December 14, 2007, by the same court as a crime of violation of the Road Traffic Act (driving), and on March 28, 201, a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the same court.

On December 26, 2019, at around 14:10, the Defendant driven a DNA cargo vehicle from around 4 km to the front road of the same military parallel 4km-ro 42 km-ro, both of which are located in Gyeonggi-si, under the influence of alcohol content of 0.073%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc. and summary orders;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the 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 inducement of workhouses;

1. The same criminal records of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be considered in consideration of unfavorable circumstances, such as: (a) the time and reflects; (b) the volume of drinking alcohol in this case appears to have come out because it was less than the resolution of taking advantage of the waters after the previous drinking; (c) the fact that the drinking alcohol does not run again; and (d) the fact that there was no punishment after being punished for the same kind of crime on or around 2011.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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