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(영문) 수원지방법원 2021.01.21 2020고단6371
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 11 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 30, 2008, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking) at the Suwon Friwon method.

Nevertheless, on September 10, 2020, the Defendant driven approximately 200m FK3 car from the C neighboring the road located in Suwon-si Line B, Suwon-si, which is under the influence of alcohol with a 0.122% of alcohol content during blood transfusion at around 23:45, the Defendant driven approximately 200m FK3 car at the front of the E restaurant located in Suwon-si, Suwon-si, E-si.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving 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 as stated in the judgment: Inquiry about criminal history, report of investigation (Attachment of the same criminal record judgment), copy of summary order No. 2020 ancient District Court Decision No. 17816, and copy of summary order No. 33093, Suwon District Court Decision No. 2003 shall apply;

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 repeats the crime even though he/she had been punished twice due to drinking, and that the blood alcohol concentration level is not low, etc., under the circumstances unfavorable to the defendant, while the defendant recognizes the crime and is against the truth, the defendant does not have any traffic accident, and the above drinking driving criminal records are all old criminal records, and there are no other criminal records, etc., shall be considered as favorable to the defendant, taking into account the circumstances favorable to the defendant, and taking into account all other sentencing conditions shown in the records of this case.

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