beta
(영문) 의정부지방법원 2018.04.05 2018고정363

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The Defendant, at the Seoul Southern District Court on October 22, 2013, issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving), and on January 22, 2014, issued a summary order of KRW 2,00,000,000 as a fine for the same crime in the support of Suwon Frigwon, and was in violation of Article 44(1) of the Road Traffic Act on at least two occasions.

On November 29, 2017, the Defendant driven a Bmp car under the influence of alcohol content of 0.119% in blood, with approximately 5km from the front of the fluent apartment boom site in the Dondong-dong, Chungcheongnam-si, Namyang-si to the front of the 1298 beneficiary forest building at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a vehicle under the influence of alcohol, report on the circumstances of the driver under the influence of alcohol, inquiry into the results of crackdown on driving alcohol, photographs of the vehicle under the influence of alcohol, and photographs of the vehicle under the influence of alcohol at the

1. Application of replys to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the previous confirmation thereof);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, and the fact that the defendant recognized the criminal facts of this case and reflected his mistake is recognized as favorable circumstances to the defendant.

However, the driving of drinking is a crime that may cause damage not only to a driver himself/herself but also to the life or body of him/her and needs to be punished strictly. The blood alcohol concentration is relatively high by 0.119%, and the same kind of crime was committed again even though he/she had been punished as a crime of drinking around 2013 and 2014. The general criminal punishment in the same and similar cases is balanced, and the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the instant crime, and the circumstances after the crime are committed.