beta
(영문) 대전지방법원 공주지원 2015.07.03 2015고단137

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

【Criminal Power】 On October 16, 2013, the Defendant is a person who has been notified of a summary order of a fine of KRW 1.5 million due to a violation of the Road Traffic Act in the official capital support of the Daejeon District Court.

【Criminal Facts of Crimes】 On March 18, 2015, the Defendant driven a B-wing truck under the influence of alcohol concentration of about 0.252% in the section of about 4km from the road in front of the Cheongyang-gun, Cheongyang-gun, Chungcheongnam-gun, Chungcheongnamyang-gun, Chungcheongnam-do, Chungcheongnam-do to the road in front of the Cheongyang-gun, Chungcheongnamyang-do, Chungcheongnam-do, Chungcheongnamyang-do to the road in front of the Cheongyang-do.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a de facto driver (blood collection result), and a statement of appraisal of blood alcohol;

1. Statement of control, report on the results of the control of drinking driving, report on the status of drinking drivers, and report on the status of drinking drivers; and

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of summary order-related Acts and subordinate statutes;

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

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 order of provisional payment was that the Defendant, even though having had the record of criminal punishment of a fine due to the crime of violating the Road Traffic Act, drives under the influence of drinking, thereby causing danger to road traffic safety.

Therefore, criminal punishment against the defendant is inevitable.

It is so decided as per Disposition by comprehensively taking into account the above circumstances and the circumstances, such as the background of the instant crime, the history of the crime, the circumstances after the crime, etc.