beta
(영문) 창원지방법원 2015.08.07 2015고단1071

도로교통법위반(음주운전)

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

On February 16, 2010, the Defendant issued a summary order of a fine of 1.5 million won by a violation of the Road Traffic Act at the Busan District Court on February 16, 201, and a summary order of 1.5 million won by a fine at the Changwon District Court on September 29, 2014.

On March 15, 2015, at around 01:35, the Defendant driven a b learning car under the influence of alcohol level of about 0.073% in the section of approximately 1km from the Do before the Do in front of the Do in the front of the Do in the Cheong-dong, Chungcheongnam-si, Kimhae-si, Kim Jong-si, to the front road in the Do in the Do in the Do in the Kimhae-si and the hot spring

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving and the situation of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has repeatedly committed the instant crime even though he/she had the record of being sentenced to a fine twice for the violation of the Road Traffic Act as stated in the facts constituting the crime, which is disadvantageous to the defendant.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, etc., are considered and reflected in the defendant's mistake, and the blood alcohol concentration level at the time of the drinking driving of this case is not high, and the defendant's age, character and conduct, motive, means and consequence of the crime, etc., shall be sentenced to the same punishment as