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(영문) 부산지방법원 2017.10.31 2017고단4592
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 June 17, 2014, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Busan District Court, and KRW 4 million for the same crime at the same court on November 22, 2015, respectively.

On September 1, 2017, around 03:30, the Defendant driven BMW X4 car at approximately 0.01% of alcohol content in blood while under the influence of alcohol from around 500 meters to around 40,000,000, from the front day of a restaurant in the name of the city of the Busan-gu Busan-gu, Busan-do to the front day of the 40th high school.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to a criminal investigation report (two-time drinking records within three years);

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

1. Although there was a history of criminal punishment of fines twice due to driving of drinking alcohol for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the punishment of the crime of this case is not less than 0.1%, but it is less than 0.1% of the amount of drinking, the fact that there is no other criminal record except the above criminal punishment, the defendant's age, sex, environment, circumstances leading to the crime, circumstances after the crime, etc. shall be determined as ordered by taking comprehensive account of the following factors.

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