beta
(영문) 의정부지방법원 2014.12.24 2014고단3317

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal power] On March 29, 201, the Defendant issued a summary order of 2.5 million won for a crime of violation of the Road Traffic Act at the Jung-gu District Court on March 29, 201, and a summary order of 5 million won for the same crime at the same court on November 18, 2013.

【Criminal Facts】

Despite the fact that the Defendant violated the prohibition of drinking driving regulations twice, at around 15:50 on July 19, 2014, the Defendant was under the influence of 0.050% of blood alcohol concentration without a driver’s license on July 19, 2014, and the Defendant was driving a Cscopon car up to a level of about one kilometer in front of the earth-speed village restaurant located in the Tju-si and the transmission underground road located in the corner of the same side.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, investigation reports (former records and attachment reports of judgment) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of an alternative fine for punishment;

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 are deemed to have been sentenced to a fine on several occasions for the same crime. On the other hand, there are also circumstances such as the confession of the instant crime and the depth of the instant crime, the blood alcohol concentration is not high, the distance from driving under the influence of alcohol is a short distance, the occurrence of no particular traffic accident due to the instant drinking and driving without license, and the suspension of qualification or heavier punishment.