beta
(영문) 춘천지방법원 2016.12.14 2016고단1085

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

The Defendant received a fine of KRW 700,000 from the Seoul Northern District Court on June 10, 201 to a fine of KRW 700,000 for a violation of the Road Traffic Act (driving) and a fine of KRW 1 million for the same crime from the Chuncheon District Court on December 9, 2011.

On September 14, 2016, at around 23:20, the Defendant, from the front path of the written office located in Geumcheon-si, in the Sacheon-si, to the middle point of the new post office located in the same sari-ri in the same sari-ri, driven a bropo-ri vehicle with a blood alcohol content of about 0.128% while under the influence of alcohol at around 2km, and driven a drinking again even though he was punished twice or more due to drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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 is that the defendant has been punished for the same crime three times, and there are unfavorable circumstances such as the degree of drinking alcohol in the instant crime.

On the other hand, there is room for consideration because the defendant reflects the mistake in depth, and one of the two or more criminal records constituting the crime of the violation of the Road Traffic Act of this case, which constitutes the crime of the violation of the Road Traffic Act of this case, is low before the enforcement of the Road Traffic Act of the aggravated punishment, and there is some favorable circumstances such as the criminal records of the defendant are the criminal records of the same kind before five years.

The punishment shall be determined as ordered in consideration of the above circumstances and the Defendant’s age, character and conduct, environment, the motive, means and consequence leading to the instant crime, the circumstances after the commission of the crime, and all the circumstances constituting the conditions for sentencing as shown in the records and arguments.