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(영문) 광주지방법원순천지원 2020.09.23 2019고정361

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On May 26, 2014, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act from the Gwangju District Court's Netcheon Branch.

On July 28, 2019, around 02:20 on July 28, 2019, the Defendant driven C Lastren car in the state of alcohol alcohol concentration of approximately 0.157% at the section of approximately 1.5km from the front side of the entrance of the building B at an influent time to the front side of the long distance in the same route.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driving of a driver, the circumstantial statement of the driver, and the investigation report (the circumstantial report of the driver);

1. Inquiries about the results of crackdown on drinking driving, and a report processing statement for 112 reported cases;

1. Reporting on the occurrence of a traffic accident, reporting on a traffic accident (1), reporting on a traffic accident (2), and on-site photographs (11 pages);

1. Criminal records as indicated in the judgment: Application of Acts and subordinate statutes of one copy of inquiry report, investigation report, and output of a summary order for drinking driving, such as criminal records;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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 sentencing of the provisional payment order are recognized as the defendant recognized the crime of this case and not re-offending the crime.

However, the defendant's blood alcohol concentration is considerably high to 0.157%, and in 2014, there is a good sentencing factor that re-offending the defendant even though he had the record of punishment for the crime of drinking alcohol.

In addition, the social harm caused by drinking driving is very serious and the necessity to punish it is necessary, taking into account the circumstances leading up to the detection of the crime of this case (the occurrence of an accident that shocks the chemical fluor over the road while driving, and the witness reported to the police) and the equity in sentencing with similar cases.