beta
(영문) 대구지방법원 2013.12.12 2013고단5747

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 26, 2009, the Defendant received a summary order of one million won or more as a fine for a violation of the Road Traffic Act by the Daegu District Court, and on September 12, 2013, the same court received a summary order of 1.5 million won or more as a fine for a violation of the Road Traffic Act.

On September 16, 2013, at around 22:57, the Defendant driven a C-coo vehicle in the state of alcohol alcohol concentration of 0.163% from the front side of the LG Electronic Commercial Building in the Dongcheon-dong Homeplus, Daegu, Incheon to the next parking lot to the next parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statements of a drinking driver and the results of the control of drinking driving;

1. Previous for judgment: Application of Acts and subordinate statutes to inquiry reports, such as criminal records, etc., amounts before disposition, reporting on results of confirmation, and investigation reports (a copy of summary order of the relevant case);

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

1. Articles 70 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 has been three times the defendant was punished for the same crime. However, since 2009, the defendant was punished twice for a drunk driving, the distance of driving is short, and there are other circumstances that can be considered in the situation of driving, and the punishment as ordered shall be determined by comprehensively taking into account all the factors such as the motive, means and result of the crime of this case, the circumstances after the crime, the age, character and conduct of the defendant, family environment, etc.