beta
(영문) 광주지방법원 2014.05.27 2014고정549

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a frighting passenger car B.

On January 25, 2014, at around 01:05, the Defendant driven the said car at a section of about 1k meters from the front day of the mutual influence store near the modern apartment that is located in the Nam-gu Namdong movement to the front day of the day in the same Gu, while under the influence of alcohol of 0.05% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquire about the results of a circumstantial statement of a drinking driver, and control of drinking driving;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. It is recognized that the reasons for sentencing under Articles 70 and 69(2) of the Criminal Act on the inducement of a workhouse appears to have been repented and reflected by the Defendant, and that the degree of the Defendant’s taking of the drinking driving of this case was not higher than 0.05%, the Defendant is a primary offender who has no criminal record, the Defendant is currently in the master’s degree course of C University, and the Defendant is currently in attendance at the current master’s degree of C University and is in repayment of the principal and interest related to household debt (housing loan) and is considered to have economic difficulty.

On the other hand, the Road Traffic Act amended on June 8, 201 provides that a person shall be punished strictly when driving under the influence of alcohol, which threatens the safety of road traffic, is prevented from driving under the influence of alcohol, and the person who drives under the influence of alcohol for the purpose of ensuring the awareness of it. In full view of equity with other similar cases, equity with other similar cases, and all other circumstances, including the defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence is determined as ordered.