beta
(영문) 서울남부지방법원 2020.11.18 2020고정434

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 8, 2019, at around 16:41, the Defendant was under the influence of alcohol with 0.136% of alcohol concentration, and the Defendant driven approximately KRW 5km from the 5km section to the front road of the two-way road located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, to the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to make a report on the circumstances of driving under drinking, to make a report on the control of drinking driving, and to the next time;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that the amount of drinking alcohol in this case is highly high, but its mistake is recognized and reflected; and (b) the fact that there is no criminal record in the same kind of crime, etc. are considered favorable to the defendant; and (c) the punishment is determined as ordered by taking into account the defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.