(영문) 의정부지방법원 2016.04.01 2015고단4791

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(영문) 의정부지방법원 2016.04.01 2015고단4791

도로교통법위반(음주운전)

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[criminal history] On August 9, 2007, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating road traffic laws (drinking) at the Seoul Central District Court, and four months for a crime of violating road traffic laws (drinking) at the Jung-gu District Court on October 19, 201.

[2] On December 2, 2015, the Defendant, while under the influence of alcohol at around 23:50 on a blood alcohol level of 0.15%, driven BRab freight in the four kilometers away from the roads near Yangyang-dong, Yangyang-dong, Yang-dong, Gyeonggi-do to the roads in front of the same salary-gu, Yangyang-dong.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. A traffic accident report;

1. Previous conviction: References to inquiries, application of investigation reporting Acts and subordinate statutes;

1. Relevant Article of the Act 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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The crime of this case is committed again despite the number of times having the same criminal records, despite the fact that the defendant committed the crime of this case, the blood alcohol level is high, and the defendant committed the crime of this case during the period of suspension of execution: The defendant's full recognition of the crime of this case and reflects the fact that the defendant committed the crime of this case, the fact that the defendant was in the period of suspension of execution of this crime, and other factors such as sentencing prescribed in each subparagraph of Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, etc. for these reasons.

참조조문

-형법 제51조

-형법 제69조 제2항

-형법 제70조 제1항

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