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(영문) 수원지방법원 2019.11.28 2019고단5666
도로교통법위반(음주운전)등
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Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 06:54 on September 2, 2019, the Defendant driven D AW-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

around 06:54 on September 2, 2019, the Defendant discovered a D-to-purd vehicle owned by the victim FF(29 years of age) who was parked in the same place under the influence of alcohol in front of a restaurant, Suwon-si B and E, and temporarily used approximately 600 meters for driving on the front of the same Gu C in the same manner without the victim's permission.

Summary of Evidence

"2019 Highest 566"

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report, notification of the results of the drinking driving control, and the closure of CCTV images taken for crime prevention “2019 order6520”;

1. Defendant's legal statement;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 331-2 of the Criminal Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of the sentencing penalty] : The confession and reflects the favorable circumstances of a fine of KRW 10 million to KRW 25 million (the ruling of sentence): The circumstances unfavorable to the fact that there was no record of criminal punishment other than the juvenile protective disposition (the crime committed on two occasions): The blood alcohol concentration level was very high; the vehicle owner did not reach an agreement; the vehicle owner did not reach an agreement; the Defendant’s age, attitude, environment; the background of the instant crime; the circumstances after the instant crime; and the circumstances after the crime, etc., shall be determined as per the order, taking into account the various sentencing conditions indicated in the oral proceedings and records.

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