beta
(영문) 대전지방법원 서산지원 2019.10.31 2019고단678

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On February 19, 2016, the Defendant received a summary order of KRW 3 million from the Seosan Branch of the Daejeon District Court as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

At around 04:50 on July 23, 2019, the Defendant driven a Cchip car at approximately 1 km from the roads near the old bus terminal located in the Gu bus terminal located in the Si/Gu of Jinjin-si to the front road of Jinjin-si, under the influence of alcohol concentration of 0.093%, even though he was driven under the influence of alcohol as above.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. The circumstantial statement of the employee;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Report on the occurrence of the case;

1. Details of report of 112 cases;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of summary order-related 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 (Selection of Fine)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order include the fact that there are no criminal records other than the punishment of a small amount of violent crime in the previous judgment and in the year 2000, the defendant does not reach a traffic accident at the time of the instant case, the fact that the drinking water level of the instant case is not very high, and the overall conditions for sentencing indicated in the records, such as the defendant's age, character and behavior, environment, motive for the crime, circumstances after the crime, etc., shall be determined as ordered by taking into account the following factors