beta
(영문) 수원지방법원 2018.09.05 2018고단3657

도로교통법위반(음주운전)

Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. 30 days where the defendant does not pay the above fine;

Reasons

Punishment of the crime

On May 20, 2018, the Defendant driven C a car at a section of about 30 meters from the third floor parking lot of the building B in Young-gu, Gyeonggi-gu to the first floor parking lot of the building in the Dongwon-gu, Gyeonggi-gu, Gyeonggi-do, with alcohol content of 0.263% during blood transfusion around 21:38.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a statement on the circumstances of driving a drinking and the results of regulating drinking driving;

1. Relevant Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for the punishment of Articles 70(1) and 69(2)(1) of the Criminal Act (the applicable sentencing range of KRW 100,000 per day) of the Act on the Attraction of Nomar Station / [the sentenced sentence] a fine of KRW 2.5 million to KRW 5 million [the sentenced sentence] unfavorable circumstances: A normal condition in which the person drives a vehicle under very high alcohol concentration in blood is favorable: The defendant does not engage in such crime after he/she does so with his/her intention to seriously reflect his/her blood and does not commit such crime;

In addition, there is no criminal history prior to being found, and the vehicle was regulated from the third floor of the parking lot of the building to be easily found by the substitute driver, and the place where the defendant driven is not on the road, but on the road, the driving distance is relatively short to 30 meters, taking into account the defendant's age, occupation, environment, circumstances of the crime of this case, details, and circumstances after the crime, etc., the sentencing conditions stipulated in Article 51 of the Criminal Act were determined as ordered.