beta
(영문) 전주지방법원 2016.08.09 2016고정438

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On September 18, 2008, the Defendant received a summary order of KRW 4 million from the Jeonju District Court on September 18, 2008 due to a violation of the Road Traffic Act (drinking driving), and a summary order of KRW 3 million from the same court on May 11, 2015 (drinking driving) as a violation of the Road Traffic Act (drinking driving).

Nevertheless, under the influence of alcohol level of 0.135% during blood transfusion around September 5, 2015, the Defendant driven approximately 300 meters from the roads in front of the sand market located in the Jin-dong, Jin-dong, Jin-dong, 2015 to the roads in front of the 335-4 Tin-dong, Jin-dong, 200 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary accompanying report;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a report on investigation (Attachment to a summary order), and application of summary order statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;