beta
(영문) 대전지방법원 2014.11.19 2014고정1603

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On December 28, 2014, around 22:14, the Defendant driven a C food vehicle under the influence of alcohol content of about 0.118% at the section of approximately 8km from the roads in front of the 645-4, Seosung-gu, Daejeon Seodong-gu, Daejeon, to the roads in front of the same city of Jung-gu in the same city of Jung-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle;

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

1. Application of statutes governing enforcement manuals;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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 [the scope of the applicable sentencing] is confessioned and contradictory to a fine of not less than three million won but not more than five million won (decision of sentence], the fact that there is no criminal history, and that there is no other criminal history, the defendant’s age, occupation, environment, background of the instant crime, details (credit alcohol concentration, driving distance), circumstances after the instant crime, etc. were considered in light of the sentencing conditions stipulated in Article 51 of the Criminal Act.