beta
(영문) 대전지방법원 서산지원 2017.01.20 2016고단822

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On December 9, 2008, the Defendant issued a summary order of KRW 2,50,00,000 as a fine for a violation of road traffic law (driving) with respect to the Hongsung Branch of the Daejeon District Court on December 9, 2008, and a fine of KRW 2,50,000 for the same crime in the Seosan Branch of the Daejeon District Court on December 10, 209.

On October 21, 2016, the Defendant driven Dsch Rexton car under the influence of alcohol level of 0.228% in the blood alcohol level on the front road of Seosan City B, “C,” which is located in Seosan City B.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a motor vehicle accident report, a statement on the circumstances of the driver involved in the motor vehicle, a response to inquiry, such as criminal history, and a copy of a summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act, the selection of fines for the crime (such as the reflection of the fact, and the fact that the last same kind of crime has been committed seven years prior to the lapse of seven years, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;