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(영문) 창원지방법원 밀양지원 2017.01.05 2016고단537
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Criminal facts

On January 8, 2014, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court, and on November 26, 2015, the Defendant was sentenced to a fine of KRW 3 million for the same crime.

On August 19, 2016, while under the influence of alcohol 01:20%, the Defendant driven a C-learning car from the 15km section to the front road, such as a restaurant in which the trade name in the Gyeongcheon-gun, Gyeongcheon-gun cannot be identified, from the front of the restaurant where the trade name in the Gyeongcheon-gun, Gyeongcheon-gun cannot be identified, to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination reports on actual condition, field photographs, reports on the occurrence of traffic accidents, reports on the detection of drivers of primary drivers, circumstantial statements of drivers of primary drivers, and inquiries about the results of crackdown on drinking driving;

1. Investigation report (for repayment of the material damage substitute);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment of the same kind of case);

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

1. Selection of a selective fine (the fact that there is no criminal record other than the criminal record committed against the defendant, and the fact that the amount of alcohol concentration in the blood of this case is high)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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