beta
(영문) 청주지방법원 2013.04.12 2012고합381

도로교통법위반(음주운전)

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 27, 2012, at around 23:25, the Defendant driven a approximately 500-meter section from the street in front of the Yongsan Park, which is equivalent to the Cheongju, to the street in front of the same Yongsan Park 1 complex, with a blood alcohol concentration of 0.226% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to the autopsy report on occurrence of the case, the report on personal identification of the driver, and the written appraisal of blood alcohol;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that choose the penalty for the crime;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant is driving under the influence of blood alcohol level of not less than 0.2% and the amount of drinking is high and the punishment for driving under the influence of alcohol has been strengthened following the revision of the Road Traffic Act, the Defendant should be punished strictly.

However, in the future, the defendant's mistake is divided, and the driving distance is relatively short, the driving distance has no record of punishment for the same kind of crime, high blood pressure and urology, heart disease, etc., it is not good for basic living recipients to health, and the defendant's age, character and behavior, career, environment, the background and result of the crime of this case, the circumstances after the crime, and all of the sentencing conditions specified in the records and arguments of this case shall be determined as ordered.