(영문) 광주지방법원 2014.01.28 2013고정2549

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2014.01.28 2013고정2549

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 23, 2013, at around 23:58, the Defendant driven the C Costex vehicle parked on the front side of the Korean pharmacy located in the Gwangjubuk-gu, Gwangju, for about 0.135% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Considering that Article 53 and Article 55(1)6 of the Criminal Act on Discretionary Mitigation (the defendant was significantly high in alcohol level at the time of driving under the influence of alcohol, etc.), it can be deemed that there was sufficient possibility that a considerable danger may have occurred due to the driving under the influence of alcohol by the defendant. However, after examining the circumstances leading up to the defendant's driving under the influence of alcohol, the defendant, who had a proxy driving engineer, was placed at the middle of the road with the vehicle in which the substitute driving engineer and the substitute driving engineer are placed on the road, and the defendant called the police to prevent the secondary accident due to his vehicle, but the defendant was asked to contact the police to prevent the second accident, but the defendant was not dispatched if not the accident occurred, and the police again reported that the accident occurred to the police station that caused the defendant's driving under the influence of alcohol, which seems to have been proven to have taken into account the motive of the driving under the influence of alcohol, such as the motive of the defendant.

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

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

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제2호

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