beta
(영문) 창원지방법원 2020.10.07 2020고단1753

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 17,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On January 26, 2015, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act in the Sungnam Branch of Suwon District Court on January 26, 2015.

【Criminal Facts】

On May 9, 2020, at around 23:23, the Defendant driven approximately 30 meters a car for a Calone clinic while under the influence of alcohol concentration of 0.228% on the front side of the window B in Changwon-si, Changwon-si.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry records, written judgments, and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. On the grounds of sentencing under Article 334 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

D. Unfavorable circumstances: The harm of drinking driving and the actual traffic hazard (the occurrence of physical damage due to the shock of the parked vehicle), the high blood alcohol concentration, the same previous conviction and two times (Provided, That once after 2006), the absence of sentence date without permission, etc.: The defendant is wrong and reflectd, the driving distance is short, and there is no penalty history exceeding the fine of the defendant.