beta
(영문) 창원지방법원 2016.04.29 2016고정152

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

[2016 High 152] On November 27, 2015, the Defendant driven a car with 1 km B in the front of the Green Hospital located in the Dong-dong Kimhae-si from the day before a two windowless restaurant, which is not aware of the trade name, while under the influence of 0.117% of alcohol during blood transfusion on November 27, 2015.

[2016 High 184] On December 4, 2015, the Defendant driven a car with B low alcohol level of about 0.190% while under the influence of alcohol level of about 500 meters at a section of 500 meters in front of the singing room where it is difficult to know the trade name in the outer Dong of Kimhae-si around 02:45 on December 4, 2015.

Summary of Evidence

[2016 High Court Decision 152]

1. Statement by the defendant in court;

1. Report on the detection of any violation of the Traffic Act (driving) on the road and the statement under the circumstances of driving on the road;

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a report on the results of regulating driving of drinking and a statement in the circumstances of drivers;

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

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with punishment as provided for in the crimes of violation of Road Traffic Act (driving) by a person on December 4, 2015, with heavy circumstances];

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;