beta
(영문) 부산지방법원 동부지원 2019.10.23 2019고단1374

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 18, 2008, the defendant was issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act in the Busan District Court's branch court.

On June 30, 2019, at around 06:26, the Defendant driven a car with low alcohol level 0.067% under the influence of alcohol level 0.067% from the 1km section to the front road of the captain police station located in the 692 military captain, as from the front of the Defendant’s dwelling in the 1km-gun, Busan Metropolitan City.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. The circumstantial statement of the employee;

1. Report on the circumstances of an employee;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, records of non-dispositioned pasture, and records of confirmation (a copy of the summary order) and application of Acts and subordinate statutes of one summary order;

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

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 sentencing period of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order is low, the degree of blood alcohol concentration is low, the circumstances appear to be taken into account in the course of the crime, and the defendant's history of punishing drinking has long been long, and other punishment shall be determined as indicated in the order, taking into account the defendant's age, character and behavior, environment, occupation, family relation, etc.