beta
(영문) 창원지방법원 통영지원 2016.01.28 2015고단1191

도로교통법위반(음주운전)등

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On June 27, 2011, the defendant received a summary order of KRW 4 million from the Changwon District Court's branch office of the public prosecutor's office of the public prosecutor's office to transfer juvenile protection cases as a crime of violation of road traffic law, and on October 26, 2015, the defendant received a summary order of KRW 4 million as a fine for the same crime.

On November 24, 2015, the Defendant driven a motor vehicle under the influence of alcohol level of 0.078% while under the influence of alcohol leveling 0.078%, without obtaining a driver’s license from the front of the road in Tong-si, 01:05 to the front of the 100-meter upper road in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of regulating the driving of alcohol and the ledger of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (reports on previous convictions in disposition and results of confirmation, and reports on drinking records twice the same period);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Crimes provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment of any punishment and selection of any fine provided for in the crimes of violating the Road Traffic Act, which are heavier than punishment);

1. Under Articles 70(1) and 69(2) of the Criminal Act, for the reasons of sentencing at the Nowon-gu Station, the sentencing conditions of the instant case, including the Defendant’s age, sex, environment, motive for committing the crime and circumstances after committing the crime, etc., and the sentencing conditions as set forth in the text of the order shall be determined by comprehensively taking into account the following circumstances:

Unfavorable circumstances: The fact that there was a record of being punished twice due to drinking driving, the favorable circumstances such as the fact that the person is a criminal during the period of repeated offense: The fact that the person's mistake is divided and reflected, and the person is not required to drive drinking or without a license.

The point of being kept, the distance of operation is about 100 meters, and the blood alcohol concentration is not high, etc.