beta
(영문) 의정부지방법원 2019.02.14 2019고정202

도로교통법위반(음주운전)

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

On January 11, 2013, the Defendant received a summary order of KRW 5 million from the Jung-gu District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) and a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving on November 4, 2014) from the Jung-gu District Court Goyang Branch of the Jung-gu District Court to a fine of KRW 4 million.

On June 17, 2018, at around 13:57, the Defendant driven C Coin Sports Motor Vehicle while under the influence of 0.113% alcohol concentration in the parking lot B in Yangyang-si, Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Detection report (Violation of the Road Traffic Act), report on the situation of driving under the influence of alcohol, report on the circumstantial statement of a driver under the influence of alcohol, notification on the results of the influence of alcohol driving, photograph of the control place of vehicles under consideration, report on internal investigation (on-site investigation related to

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, 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 for the order of provisional payment are examined, the defendant recognized the criminal facts of this case and reflects his mistake, and the driving distance is relatively short, etc. are recognized as favorable circumstances for the defendant.

However, drinking driving is an offense that may cause damage not only to a driver's life or property and needs to be punished strictly. The Defendant again committed the instant crime despite the fact that the Defendant had been punished twice due to a drunk driving crime; the blood alcohol concentration in the instant case is relatively higher than 0.113%; the Defendant's age, character, character, intelligence and environment as shown in the argument in the instant case, balance with the general sentencing in the same or similar cases; and other factors such as the motive, circumstance, means and consequence of the instant crime, the circumstances after the crime, criminal records, family relations, economic circumstances, etc.