beta
(영문) 수원지방법원 2016.05.19 2016고정695

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 May 19, 201, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving), etc. at the source of a water source method on May 19, 201, and was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act, on December 24, 2014, and was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) on at least two occasions at the same court.

On November 28, 2015, the Defendant driven BM520 automobiles under the influence of alcohol content of about 0.056% at a section of about 500 meters from a sobrying restaurant in front of the sobaton restaurant, where the name located in the Sobatoe-gu, Young-si is unknown, GM520 automobiles in front of the sobaton restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement of the circumstances of the driver involved in driving;

1. Materials output of a drinking-free measuring instrument;

1. Making records and reporting of records;

1. Investigation report (the statement of a police officer controlling drinking driving);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment order is an act of driving an employee by proxy, demanding a substitute driver to leave the scene due to the problem of fee and fee, and driving of the defendant directly.

It is difficult to see it.

However, the punishment as ordered shall be determined by reducing the amount of fine prescribed by the summary order in consideration of the fact that the defendant has recognized his mistake and reflects his depth, some circumstances may be taken into account in the course of driving, driving distance, etc.