beta
(영문) 창원지방법원 2019.09.18 2019고단2065

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On August 23, 2010, the Defendant was sentenced to a fine of one million won for the violation of the Road Traffic Act at the Changwon District Court on August 23, 2010 and violated the prohibition of drunk driving once.

【Criminal Facts】

On 06:20 on 29. 06. 29. 06. 06:20, the Defendant violated the provision on the prohibition of drinking driving by driving D freight vehicles with the blood alcohol concentration of about 0.078% at a distance of about 2 km from the road in front of the Southern Sea Highway, which is located in the same sub-dong of the same city from the front of the Kimhae-si (C).

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report attached to the same criminal records);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. On the grounds of sentencing under Article 334 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The circumstances favorable to the harm, etc. of drinking driving: The defendant repents and reflects the defendant's wrong, and the past records of the defendant's punishment in 2010 are relatively old, and his dependants, etc.