beta
(영문) 수원지방법원 2017.09.26 2017고단5097

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Criminal facts

[Power of crime] The defendant was issued a summary order of KRW 2.5 million by the Incheon District Court on November 5, 2009 for a crime of violating the Road Traffic Act (drinking driving), and on July 23, 2010, a summary order of KRW 4 million by the same crime, etc. from the vice branch of the Incheon District Court.

[2] On July 20, 2017, the Defendant driven a CILOT car under the influence of alcohol concentration of about 0.098% in blood on the section of about 3km from the front of the water-based Dolllet to the front road of the “Grade PIOT car” located in the Sejong-dong, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on drinking driving, the record of the measurement of drinking, and the making of a next inquiry;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

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. Circumstances favorable to the defendant in sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

At the time of committing the instant crime, the Defendant did not have any personal and material damage due to the instant crime.

On the other hand, the defendant, who is an acting driver, was found to have been aware of the control of drinking while driving by proxy during the night time after drinking a low alcohol after drinking, and there are circumstances that can be considered in the course of committing the crime.

In 2011, the defendant was sentenced to two years of imprisonment due to fraud, etc. and was released from the prison.

The defendant is living in a rental apartment and in a situation where it is economically difficult for him to support his child.

Circumstances unfavorable to the defendant are as follows:

Various kinds of driving under drinking, including criminal records written in the judgment of the defendant.