beta
(영문) 광주지방법원순천지원 2020.11.05 2020고단783

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

When the defendant does not pay the above fine, 120 days shall apply.

Reasons

Punishment of the crime

[Criminal Power] On April 25, 2016, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support.

【Criminal Facts】

On March 15, 2020, the Defendant driven DW vehicle with blood alcohol concentration of 0.127% at the front of C on the road located in Net City B, 020.3. 02:43.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and a copy of a summary order;

1. Relevant Articles 148-2 (1) and 44(1) of the former Road Traffic Act (wholly amended by Act No. 17371 of Jun. 9, 2020), the selection of a fine for a crime, and the selection of a fine

1. Articles 70(1) and 69(2) of the Criminal Act (amount of money to be converted to a kindergarten: 100,000 won per day);

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order include all factors of sentencing as indicated in the trial of this case, including blood alcohol concentration of the defendant at the time of the instant case, the age, character and conduct, environment, criminal records (including records of being fined for the same kind of offense in around 2016), the driving distance at drinking, and the circumstances after the crime, and determine the sentence as ordered.