beta
(영문) 부산지방법원 동부지원 2018.12.26 2018고단2141

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On October 15, 2007, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (drinking driving) in the Busan District Court's Dong Branch, and on May 28, 2008, sentenced to a fine of one million won due to the same crime in the same court.

On August 25, 2018, around 06:42, the Defendant driven a motor vehicle Ewing-III, while under the influence of alcohol content 0.150% in blood, while driving approximately 2 km distance from the front of the Busan Suwon-gu B, Busan-gu to the front of the D in the same Gu C from August 25, 2018.

As a result, the Defendant, who violated the Road Traffic Act at least twice, was driving again while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of statutes to make a statement on the circumstances of drivers who are placed in the main place, investigation report (report on the circumstances of drivers who are placed in the main place), investigation report (written inquiry of the results of crackdown on driving alcohol), inquiry report on blood alcohol, response to inquiries, such as criminal history, and investigation report (a summary order accompanied);

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. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of the sentencing of the Defendant’s blood alcohol density, the criminal records, age, environment, sexual conduct, the circumstances and result of the instant crime, etc., shall be determined as ordered by taking into account all the sentencing conditions, such as the criminal records, age, environment, sexual conduct, and the following circumstances.