beta
(영문) 의정부지방법원 2014.12.12 2014고단3524

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 6, 2011, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Jung-gu District Court on May 6, 201, and a summary order of KRW 2 million as a fine at the Seoul Eastern District Court on December 7 of the same year.

Nevertheless, at around 21:50 on July 25, 2014, the Defendant driven CJD car under the influence of alcohol 0.128% in the direction of alcohol alcohol concentration at approximately 1.6km from the front Do to the road of approximately 1.6 km-ro 186, 43.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Previous convictions: References to criminal records and investigation reports (applicable by previous convictions and attachment of written judgments);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

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

1. Although there are circumstances unfavorable to the Defendant, such as the fact that the Defendant’s blood alcohol concentration level was considerably high in the sentencing reason of Article 334(1) of the Criminal Procedure Act, and the occurrence of an accident that causes the Defendant to shock the parked vehicle on the road due to the instant drunk driving, on the other hand, there are favorable circumstances, such as the Defendant’s confession and reflect on the instant crime, the Defendant’s criminal records prior to the instant crime are entirely punished twice by a fine not later than three years, and the Defendant’s criminal records prior to the instant crime are relatively short distance, such circumstances and other circumstances, and the Defendant’s age, gender, occupation, character and conduct, environment, and circumstances after the instant crime, are considered in consideration of various sentencing conditions indicated in the record.