beta
(영문) 서울동부지방법원 2017.10.24 2017고정1180

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 10, 2017, around 23:19, the Defendant driven a B-owned car under the influence of alcohol content of about 1.5km from around 34m to around 90m Dog-si, Changdong Agricultural and Fishery Products, Changdong, Gyeonggi-si, to the 90m Dogri-si, while under the influence of alcohol content of about 0.118%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving, and the application of Acts and subordinate statutes reporting the situation of driving under drinking;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the fact that there is no record of criminal punishment against the Defendant for the reason of sentencing in the Nowon Station’s detention, the fact that the minimum statutory penalty is a fine of 3 million won in the case of drunk driving between 0.1 percent and 0.2 percent of alcohol in blood, and that the distance of the Defendant driving the vehicle, etc., even if considering the sentencing conditions indicated in the instant trial, it does not seem that the amount of fine prescribed in the summary order is excessive.