beta
(영문) 대구지방법원 김천지원 2014.11.26 2014고단1066

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 July 1, 2011, the Defendant was issued a summary order of 700,000 won by a fine under the Road Traffic Act in the Daegu District Court Kimcheon Branch, and on April 1, 201, the Defendant violated the prohibition of drinking under the Road Traffic Act two times or more by receiving a summary order of 2.5 million won by the same court on April 1, 2013.

On September 26, 2014, at around 23:11, the Defendant driven a BM5 car in the state of alcohol with approximately 100 meters alcohol concentration of approximately 0.148% from the part of the 100-meter section to the front road of the Dong name vehicle located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a report on confirmation of the same criminal records) and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. Even though the criminal records of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act are twice, if the crime of this case is committed, the liability for the crime of this case is not less complicated.

However, the punishment shall be determined as ordered in consideration of the fact that there is no other criminal record, the circumstances favorable to the reflection, and other circumstances, such as the age, character, conduct, environment, etc. of the defendant.