beta
(영문) 광주지방법원 목포지원 2018.02.23 2017고단1378

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 history] On February 16, 2010, the Defendant issued a summary order of a fine of KRW 700,000 as a crime of violating the Road Traffic Act in the application of the Gwangju District Court's wooden branch on February 16, 201, and a fine of KRW 2.5 million as a same crime in the same court on September 20, 201.

[Criminal facts] On October 20, 2017, the Defendant driven B A6 car under the influence of alcohol content of about 0.095% in a section of about 300 meters from the front of the Maternian apartment house located in the Maolamamamamamba-dong around 23:30 on October 20, 2017 to the front of the Maternian dental road located in the southan-gun of the Republic of Korea.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. A statement report on the circumstances of a driver driving a drinking, inquiry of the results of crackdown on drinking driving, and a survey report on actual condition;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (the previous summary order);

1. Relevant legal provisions and Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning criminal facts, the selection of fines (including the fact that the defendant recognized the crime of this case, the fact that the defendant has no record of the same punishment during the last five years, and the fact that the blood alcohol concentration was not high)

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;