beta
(영문) 의정부지방법원 고양지원 2013.05.09 2013고단417

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On March 2, 2013, the Defendant driven a B car under the influence of alcohol content of approximately 0.075% from a section of approximately 500 meters from the front of “Rain Star,” located in the port of Mangdong-gu, Mangdong-gu, Yongsan-si to the front road of “Daudong” located in the same Dong to the road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of the driver;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of driving sound and the selection of fines);

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 requires a strict punishment for a defendant who has been punished by a fine on two-time drinking driving, even though he/she had a record of committing a crime, and again repeats the same crime. However, the measured blood alcohol content is not a high level. The confession of the crime and the prevention of recurrence is being committed, and the defendant's age, occupation, character and conduct, family environment, etc. are comprehensively considered, and the punishment shall be determined as above.

It is so decided as per Disposition for the above reasons.