도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
The Defendant, at the Changwon District Court on February 9, 2009, is a person who has been sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on May 24, 201, and a fine of two million won by the same court on May 24, 2010, and has violated Article 44(1) of the Road Traffic Act at least twice.
On March 2, 2013, at around 08:40, the Defendant driven the BM5 car volume while under the influence of alcohol content of about 0.101% in a section of approximately 300 meters from the 300-meter radius from the roads of the father-dong, Seowon-dong, Busan, Kim Young-dong, Kim Young-dong to the East East Sea, Kimhae-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) of the order of provisional payment is heavy even though the Defendant had been punished twice due to drinking driving since 2009, and the same crime is repeated.
However, in light of the fact that the Defendant is in depth against the Defendant, there is no previous conviction exceeding the fine, and the fact that the occurrence of the traffic accident due to the driving of the instant case has not occurred, it shall be selected a fine and the punishment shall be determined only once, and if the same crime is repeated in the future, it shall be carefully warned of the fact that there is no more preference than
It is so decided as per Disposition for the above reasons.