beta
(영문) 전주지방법원 군산지원 2018.09.12 2017고단1496

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal history] On June 20, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of road traffic law (drinking driving) from the Youngcheon District Court’s Young-gu branch on June 20, and on August 25, 2008, the Daejeon District Court issued a summary order of KRW 5 million as a fine for a violation of road traffic law (drinking driving).

[2] The Defendant, as seen above, driven a E-ray car under the influence of alcohol concentration of approximately 0.194% from the front side of the B-S Park in Hasan-si around November 3, 2017 to the front side of the C-Sa unit D apartment at the same time, from around 130 meters to a person who has been punished twice or more due to the crime of violation of the Road Traffic Act (driving of alcohol).

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the occurrence of a traffic accident, a field photograph of a traffic accident, a report on the results of crackdown on drinking driving, a report on the circumstances of the driver in charge of a driving, a report on investigation (report on the circumstances of the driver in charge of a driving), consent to and confirmation of blood collection, a report on the detection of a driver

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order of the same kind of power);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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, despite the fact that the defendant had the same criminal history of punishment, once again commits the instant crime, and the sentencing conditions, such as the blood alcohol concentration and the defendant's age, sexual behavior, environment, motive, means and consequence, etc. at the time of the instant crime, shall be determined as ordered by comprehensively taking into account the following factors: