beta
(영문) 광주지방법원 목포지원 2020.06.04 2020고단57

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 23, 2007, the Defendant was issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act in the wooden branch of the Gwangju District Court.

Nevertheless, at around 23:10 on January 3, 2020, the Defendant driven a DNA car while under the influence of alcohol with approximately 0.119% alcohol level at approximately 10 meters from the road front of the C kindergarten located in Sinpo City B.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and report on the results of the crackdown on drinking;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (a summary order attached to the same criminal records of a suspect);

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. A person shall be punished by a fine only once, taking into account all the circumstances, such as the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order and the fact that there is no record of being punished for a crime except for a person who has been punished once for drinking for about 13 years prior to the lapse of 13 years, the circumstances leading to a drunk driving, the distance from a drunk driving, and the age, sex, family environment