beta
(영문) 수원지방법원 2018.05.29 2017고단7943

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who driven a motor vehicle under the influence of alcohol on April 1, 2013 (the issuance of a summary order of KRW 3 million at the source of water supply on June 5, 2013), who driven a motor vehicle under the influence of alcohol on May 31, 2014 (the issuance of a summary order of KRW 4 million at the source of water supply on June 22, 2014), and violates Article 44(1) of the Road Traffic Act on at least two occasions.

On November 10, 2017, the Defendant driven a Cniboo vehicle over a about 500-meter radius from the 0.056% alcohol concentration in blood, which is under the influence of alcohol, to the 0.056%, on the roads of the Jiboo-gu New-dong, Young-gu, Young-si, Gung-gu, Giboo-gu, Giboo-dong, Gigi-gu, Giboo-dong, Gigi-gu, Giboo-dong

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. Documents concerning drinking, such as a report on the circumstances of a driver who takes drinking;

1. Records of judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of driving force under drinking) statute;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the crime of this case is that the defendant, who has had a record of driving a drinking not less than twice in the case of the crime of this case, once or more, drives a second alcohol, and the nature of the crime is not exceptionally applied.

However, the defendant recognized the crime of this case and divided his mistake, and the amount of alcohol concentration in the blood due to the drinking of this case shows that the 0.056% exceeds the standard level prohibited from being driven, and the defendant seems to have been driving at night in the situation where he was in the aftermath of drinking, and there seems to be some circumstances to take into account the situation. The defendant did not have any other punishment except that he was punished twice by a fine due to driving of drinking, and there is no other history of punishment except that he was punished by a fine as above. The defendant's age, sex, environment, motive, means and consequence of the crime.