beta
(영문) 춘천지방법원 원주지원 2016.09.20 2016고단682

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On September 24, 2008, the Defendant was sentenced to a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) in the Sungnam branch of Suwon Friwon on September 24, 2008; on January 20, 2012, the Defendant was sentenced to a summary order of KRW 1,50,000 as a fine for the same crime; on August 26, 2013, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with labor for the same crime; on June 13, 2016, the Defendant was sentenced to a suspended sentence of six months for imprisonment with labor for the same crime from the original branch of the Chuncheon District Court on June 13, 2016, and the judgment became final and conclusive on June 21, 2016.

On March 26, 2016, the Defendant driven a C Spke vehicle under the influence of alcohol with about 0.060% of alcohol concentration from the parking lot in the Sejong Apartment Complex, which is 84-ro, Gangwon-do, Gangwon-do, Gangwon-do, to the front of 234 U.S. manpower in the same city, the Defendant driven a C Spke vehicle under the influence of alcohol content of about 2km from around 0.060%.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. A report on the circumstances of driving a drinking, a report on the circumstances of a driver driving a drinking, and a report on the control of drinking;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 Criminal Procedure Act in the order of provisional payment was three times the Defendant had been subject to punishment after driving alcohol, and even after driving on February 2016, even though he was under control, the Defendant again driving of the instant drinking on March 26, 2016, and thus, the nature of the offense is not good.

However, the instant crime ought to be taken into account the equity between the instant crime and the instant crime of violation of the Road Traffic Act (divated driving) which became final and conclusive on June 21, 2016 and the crime of concurrent crimes after Article 37 of the Criminal Act.

It takes into account these circumstances and the defendant's age, occupation, sex, details of the crime, and circumstances after the crime.