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Reasons
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(영문) 대전지방법원 천안지원 2017.03.16 2016고정593
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[Prior convictions in violation of Article 44(1) of the Road Traffic Act ] On March 18, 2013, the Defendant was issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act in the support of the Daejeon District Court in the Daejeon District Court on March 18, 2013. On March 13, 2015, the Defendant was sentenced to a fine of KRW 3,00,000 as a crime of violating the Road Traffic Act (driving).

[Criminal facts] On April 8, 2016, the Defendant driven a vehicle B QM3 vehicle between approximately 5 km and 5 km to the front road of the forest apartment apartment located in the new town located in the Nam-gu, Nam-gu, Nam-gu, Chungcheongnam-gu, Seoul, under the influence of alcohol content of 0.109% among blood transfusion around 01:59.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, and a statement made under the circumstances of the driver of the driving of alcohol (the previous record of a violation of Article 44 (1) of the Road Traffic Act twice);

1. Application of an inquiry letter, such as criminal history, an inquiry report (Attachment to the previous summary order) and statutes;

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act for the crime of this case, the background of the crime of this case, the drinking circumstance, the driving distance of drinking, the record of criminal punishment of the defendant (no record except for the previous conviction in the judgment). The minimum of the statutory penalty prescribed under Article 148-2(1) of the Road Traffic Act, which applies to the crime of this case, is a fine of five million won, and the defendant's age, sexual behavior, environment, background of the crime, circumstances after the crime, etc. are determined as ordered by the order, taking into account all the sentencing conditions shown in the arguments

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