beta
(영문) 광주지방법원 2020.02.19 2019고단5548

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On July 15, 2015, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

At around 21:40 on December 20, 2019, the Defendant driven a d SM5 car with approximately KRW 500 meters from the front day of the mutually unfluent restaurant in the vicinity of the black tin distance in Gwangju Mine-gu to the front day of the Gu C in the same Gu, while under the influence of alcohol content of 0.075%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes of a copy of summary order;

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that a defendant was punished by a fine for a drunk driving in 2015, and the reason for his/her drunk driving did not have any special circumstances to be taken into account. However, if the defendant excluded the above punishment power, he/she does not have any criminal history, and the blood alcohol concentration (075%) was relatively high, and the distance of his/her drunk driving (500 meters) was not relatively high, and the punishment shall be imposed by a fine in comprehensive consideration of the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, and conditions after the crime.