beta
(영문) 광주지방법원 2018.01.25 2016고단5966

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On October 29, 2016, at around 03:00, the Defendant driven a E Car with alcohol-free vehicle under the influence of 0.212% alcohol concentration in the blood without a driver's license, from around 4km to around 3 193 km-ro 193, the same Gu Seo-gu, Seo-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement in F and G preparation;

1. Report on the circumstances of driving under the liquor:

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

1. A detailed statement of the processing of reported cases;

1. The driver's license ledger;

1. Inquiry into the partnership of the main office;

1. Operational specifications;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report on investigation (report F Telephone Investigation);

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant was punished by a fine of three million won due to a violation of the Road Traffic Act (driving) on or around April 2007; a fine of two million won due to a violation of the Road Traffic Act (no license) on September 3, 2010; a fine of five million won due to a violation of the Road Traffic Act (no license) on or around November 2015; and a fine of five million won due to a violation of the Road Traffic Act (no license) on or around June 22, 2016; and on June 22, 2016, even if the court was sentenced to a suspended sentence of two years due to an injury and was under a suspended sentence of eight months on or around August, 207, the crime of this case is not less desirable in light of the fact that the defendant committed the instant crime.

However, the defendant reflects his criminal act in depth, and the defendant employs a personal engineer at the ordinary place in which his driver's license is revoked, has the driver drive the vehicle, and has the driver drive the vehicle through an acting driver for any time other than work hours. On the day of this case, the defendant is under the influence of alcohol after drinking with the earth, and the fee is paid in advance, and the fee is paid by an acting driver.