beta
(영문) 부산지방법원 2018.08.10 2018고정849

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by a fine of three million won;

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

Reasons

Punishment of the crime

On October 23, 2015, the Defendant, while under the influence of alcohol leveling to 0.131% among blood transfusions, driven a B rocketing motor vehicle with approximately 10km from the front side of the Handong-dong-dong-gu-gu-dong-dong-gu in Busan to the front side of the Handong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

Summary of Evidence

1. Statement by the defendant in court;

2. Response to a request for appraisal;

3. Application of Acts and subordinate statutes reporting the circumstances of driving under the liquor;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

2. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse.

1. Scope of applicable sentences under law: Fines of three million won to five million won; and

2. In this case, the decision of sentence shall be deemed to have driven a vehicle under the influence of alcohol 0.131% in blood at the heart, the nature and circumstances of the crime are not good, the drinking value is higher than that of the driver's license revocation, and the distance of driving under the influence of alcohol is also appropriate.

Such crimes are highly likely to undermine the safety of road traffic and cause traffic accidents.

Furthermore, the defendant has been punished for driving under drinking even before, and in addition, there are two times the records of punishment as a violation of the Road Traffic Act.

However, there are favorable circumstances such as the fact that the defendant recognizes his crime and repents the wrong, and the crime records mentioned above are all punished by a fine.

The above points and other circumstances, such as the defendant's age, sex, occupation, environment, family relationship, motive, method, and result of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.