beta
(영문) 춘천지방법원 속초지원 2013.10.11 2013고단272

도로교통법위반(음주운전)

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 18, 2007, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Seocho District Court's territorial branch on March 26, 2007, and issued a summary order of 1 million won of fine due to a violation of the Road Traffic Act, etc. at the Seocho District Court's territorial branch on March 26, 2007, and on May 22, 2009, the Defendant was sentenced to 2 years and 6 months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Seocho District Court's territorial branch on May 22, 2009 and completed the execution of the sentence on September 15, 201

At around 21:45 on June 14, 2013, the Defendant, who had been punished twice or more due to drinking driving, driven BK 110B Orala with approximately 700 meters alcohol concentration at approximately 0.125% in the section of 700 meters from the front of the day of the bus terminal located in the Namyangyang-Eup, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-do, to the front of the day of the day-to-day funeral in the Seoyangyangyang-gu, Yangyang-gu, Yangyang-do.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records: Criminal records, etc. inquiry reports, three copies of judgment, and application of Acts and subordinate statutes of one summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. According to Article 334(1) of the Criminal Procedure Act of the provisional payment order, in light of the fact that the defendant committed the crime of this case again during the period of repeated crime, which was punished for the crime of the same kind, the defendant should be punished strictly. However, the defendant recognized the crime and reflects it, the defendant's drinking driving is less dangerous than the drinking driving of the motor vehicle, the defendant's simple drinking driving does not cause any particular accident, and the punishment as ordered shall be determined by taking into account the favorable circumstances such as the fact that the defendant's age, character, environment and circumstances after the crime are considered.