beta
(영문) 광주지방법원 2020.05.14 2019고단5234

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 19, 2012, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the Gwangju District Court.

On September 22, 2019, at around 02:48, the Defendant driven a B-Adi vehicle from around 4 km to the ecological tunnel road located in the same Gu and located in the same Gu, in the state of alcohol of 0.033% of blood alcohol level.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Application of criminal records, inquiry reports and investigation reports (report attached to the same type of force of a suspect) and other Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, even though he was punished as a drunk driving, has a high possibility of criticism and social risks.

However, a fine shall be imposed in consideration of the fact that the drinking alcohol level in this case is lower than other cases, that there is a big interval between the above drinking alcohol driving record and the date of the crime in this case, and that the defendant has no record of punishment other than the above drinking alcohol driving record.

The amount of the fine shall be determined as per the order within the scope of the sentencing, after reducing the amount in consideration of the above sentencing factors favorable to the defendant.