beta
(영문) 창원지방법원 밀양지원 2019.10.24 2019고단376

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 May 29, 2014, the Defendant is a person who received a summary order of a fine of KRW 3 million from the Jeonju District Court for a violation of the Road Traffic Act.

On July 27, 2019, at around 00:52, the Defendant driven a D-soft-coon car in the state of alcohol alcohol concentration of about 0.036% at the 3km section from the road near the frolley in and outside of Kimhae-si to the "C" coffee shop located in the same city B.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the report on the circumstances of drinking drivers, and the next inquiry;

1. Reporting on detection of a suspect in violation of the Road Traffic Act;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of Acts and subordinate statutes of a copy of summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant repents the wrong fact, the blood alcohol concentration at the time of committing the crime is low, the traffic accident, etc. does not cause damage to other legal interests, and the punishment shall be determined in consideration of all the circumstances, including the fact that there is no criminal record, other than before the judgment.