beta
(영문) 창원지방법원 2015.05.08 2015고단28

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

On January 11, 2008, the Defendant has been sentenced to imprisonment for a violation of the Road Traffic Act at the Changwon District Court on January 11, 2008 and a fine of two million won for a violation of the Road Traffic Act at the Changwon District Court on November 9, 2009.

At around 14:30 on December 9, 2014, the Defendant driven a 3-km distance as B observer on the road front of the entrance of the dong-dong-dong-dong in front of the trade name in front of the windowless cafeteria located north of the Changwon-si, Changwon-si, in a state of alcohol of 0.09% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the reason for sentencing unfavorable to the Defendant, such as the fact that the Defendant had a record of criminal punishment for drunk driving at least twice as stated in the criminal records in the judgment, and that the Defendant’s blood alcohol concentration is relatively high.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, shall be considered and sentenced to the same punishment in consideration of the fact that the defendant's mistake is divided and reflected, since 2010, there is no record of punishment for the same kind of crime, and other circumstances after the crime.