beta
(영문) 수원지방법원 안산지원 2016.12.14 2016고단3907

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 12, 2010, the Defendant received a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act (driving) from the Suwon District Court's Ansan Branch on November 12, 2010, and on June 18, 2013, the same court received a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) in the same court and received the summary order of KRW 5 million.

On September 11, 2016, around 09:48, the Defendant driven a B rocketing car under the influence of alcohol content of about 0.063% in a 2km section of the lusium of the lusium in the lusium of the lusium in the lusium of the Silusium from the insium of Silus City (hereinafter referred to as the “lusium”).

Accordingly, the defendant has violated Article 44 (1) of the Road Traffic Act more than twice, and has driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver, and output of a drinking measuring paper;

1. Previous records: Criminal records, etc., and the application of Acts and subordinate statutes to inquiry reports and investigation reports;

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

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

1. Article 334(1) of the Criminal Procedure Act provides that the instant crime has been committed once again despite the record of the same kind of crime for sentencing.

It is necessary to make strict penalties.

However, it was not driven immediately after drinking, but it was controlled during the working day following the following day.

The mistake is recognized and reflected.

The blood alcohol concentration is relatively low.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, character and conduct, environment, motive and background of the crime, circumstances after the crime was committed, and all the sentencing conditions specified in the records and arguments of this case.