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(영문) 광주지방법원 순천지원 2018.11.09 2018고단1742
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 5, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch. On September 3, 2014, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving).

On August 16, 2018, at around 16:10, the Defendant driven a Fran vehicle under the influence of alcohol concentration of about 100 meters from the front road of the gas station C, which is located in D, to the front road of the E-gu, E-gu, in D, with a alcohol concentration of about 0.170 percent.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (victim G telephone communications);

1. A traffic accident report;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. An accident scene photograph;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries, such as inquiries about the results of crackdown on driving alcohol and criminal history;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order requires three times a criminal defendant to have his/her previous offense of drinking (the two times of his/her previous offense is applicable only to driving without a license), and the fact that the criminal defendant while driving a drinking alcohol causes a traffic accident and causes physical damage shall be taken into account in an unfavorable manner;

On the other hand, the fact that the defendant agreed with the victim of the traffic accident, the fact that the defendant disposed of the passenger car as stated by the defendant, and the defendant reflects his mistake.

The following circumstances are as follows: (a) the Defendant, who is a public official, is subject to a suspended sentence of imprisonment with prison labor or heavier punishment; (b) the Defendant’s previous conviction, age, health conditions, home environment, and the interval between the Defendant’s previous conviction and the time of the instant crime; (c) alcohol concentration in the Defendant’s blood at the time of committing the crime; (d) the driving distance; (e) motive

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