beta
(영문) 대전지방법원 논산지원 2016.08.09 2016고단236

도로교통법위반(음주운전)등

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

피고인은 2016. 4. 23. 19:20 경 논산시 화지동에 있는 논 산역 건너편 도로에서부터 논산시 중앙로 479번 길 10에 있는 미림 다방 앞 도로에 이르기까지 약 1.5km 구간에서 자동차 운전면허를 받지 아니하고 혈 중 알코올 농도 0.139% 의 술에 취한 상태로 B 포터∥ 화물 차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. Notification of the results of regulating driving of drinking alcohol (in-depth No. 15 of investigation records), and the circumstantial report of drivers of drinking alcohol (in-depth No. 16 of investigation records);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses (the 40 pages of investigation records);

1. Article 148-2 (2) 2 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 of the Provisional Payment Order has a record of being punished several times for the same crime, and it is necessary to strictly punish the crime of this case in that the defendant committed the crime of this case without among those who are under probation period due to this type of crime.

However, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant is against the mistake, the blood alcohol concentration (0.139%) in the blood at the time of driving, the age, criminal records, and the circumstances after committing the crime.