beta
(영문) 광주지방법원 순천지원 2019.07.24 2019고단841

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On May 28, 2008, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act in the Gwangju District Court's net support on May 28, 2008, and a fine of KRW 7 million for a violation of the Road Traffic Act (driving) in the same court on July 8, 2009.

【Criminal Facts】

On April 11, 2019, at around 22:48, the Defendant driven a C-A-hurd-hurged vehicle under the influence of alcohol concentration of about 0.184% from the 2km section from the front of a restaurant in the Macheon-si-dong to the front of the Macheon-si apartment.

Accordingly, the defendant, who violated the prohibition of drinking driving twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of crime);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fact that the sentencing grounds of Article 334(1) of the Criminal Procedure Act of the provisional payment order are several times, etc. is disadvantageous; however, the defendant's recognition of and reflects on the crime; the considerable period of time has elapsed from the final drunk driving; the disposal of operated vehicles; and other factors such as the defendant's age, character, conduct, environment, occupation, motive and consequence of the crime; and the sentencing conditions specified in the trial process, including the circumstances after the crime, shall be comprehensively considered.