beta
(영문) 대구지방법원 서부지원 2016.04.29 2016고단206

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 June 7, 2010, the Defendant received a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving) from the Seo-gu District Court Branch of the Daegu District Court, and a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving) on October 28, 2013, respectively.

[2] On January 17, 2016, the Defendant driven a coo motor vehicle in B while under the influence of alcohol of about 2km from around 0.082% of alcohol concentration on the front of the Busan District Court’s Seogdong located in Yongsan-gu, Daegu District Court’s Seogdong to the front of the school distance in the middle school located in the same month of the same Gu from about 2km to the middle school in the middle school located in the same month.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, a criminal investigation report by the prosecution (Attachment to the previous and summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act regarding criminal facts and the selective punishment (the selection of penalty, the fact that the defendant led to the confession of the crime of this case, the fact that there is no record of more severe punishment than the fine, and all other circumstances constituting conditions for sentencing, such as the defendant's age, sex and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc.);

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;