beta
(영문) 창원지방법원 진주지원 2019.10.17 2019고단783

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

[criminal power] On July 23, 2009, the Defendant was issued a summary order of KRW 2.5 million on the grounds of a violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court for the crimes of violation of the Road Traffic Act (driving of Drinking) and a fine of KRW 3 million on November 22, 2010.

【Criminal Facts】

On June 26, 2019, around 07:00, the Defendant driven an E QM6 vehicle while under the influence of alcohol leveling 0.068% from about 1km to D’s front road located in the same city as the Do in the same city.

Accordingly, the defendant driven a motor vehicle in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the defendant's blood alcohol concentration at the time of driving under the influence of alcohol in the instant case, the circumstances leading to driving under the influence of alcohol, and the period from before driving under the previous influence of alcohol to the instant crime, and the various conditions of sentencing as shown in the pleadings of the instant case, and the sentence