beta
(영문) 대구지방법원 안동지원 2020.06.17 2020고단42

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On March 19, 2009, the Defendant was issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court's Ansan Branch.

【Criminal Facts】

Around 00:02 on January 1, 202, the Defendant driven a FDIO125 Orba while under the influence of alcohol leveling 0.187% from the 5km section from the front of the K King practice room to the front road in D, and driving a FDIO125 Orba, while under the influence of alcohol leveling 0.187%.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Criminal place, report on the occurrence of a traffic accident, report on the results of the crackdown on drinking driving, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), report on the actual situation, investigation report, and report on investigation (attached to the register of driver's licenses, the results of the crackdown on drinking driving

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (reports attached to similar judgments, etc.);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (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 for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant again committed the crime of drunk driving even though he had the record of being punished once for the same kind of crime, and that the Defendant had a significant high level of taking the principal of the Defendant at the time of the instant crime is disadvantageous to the Defendant.

However, in light of the fact that the defendant recognized the crime of this case, the fact that the defendant has no record of punishment in excess of the fine, the circumstances favorable to the defendant, such as the defendant's occupation, age, character and behavior, environment, motive, circumstance, means and consequence of the crime, etc., the punishment as ordered shall be determined in accordance with the order.