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(영문) 대전지방법원 천안지원 2016.03.03 2016고정51
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

[criminal history] On June 1, 2007, the Defendant issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) in the support of Suwon Frigwon, and on April 29, 2009, the Defendant violated Article 44(1) of the Road Traffic Act twice by receiving a summary order of KRW 1,00,000 for the same crime from the same court.

[2] On September 11, 2015, around 05:20 on September 11, 2015, the Defendant driven a B rocketing car under the influence of alcohol with approximately 2km alcohol concentration of about 0.059% from the 2km section to the wing Hospital located in the Seocheon-dong, Busan, Jung-gu, Busan to the roads adjacent to the Southern-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving of alcohol, statement of the circumstances of the driver driving of alcohol, inquiry of the results of crackdown on driving of alcohol (investigative records No. 6 pages), and report on the circumstances of driving of alcohol respectively;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes described in subparagraph (A) of a written inquiry about the results of crackdown on driving under drinking (investigative Records No. 16, 17 pages), criminal history, etc.;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act has the record of being sentenced to a fine twice due to drinking driving, and the record of being sentenced to a fine once due to the crime of this type is 0.059%, the defendant's blood alcohol concentration in his blood is 0.059%, the defendant has no record of criminal punishment exceeding a fine, the recognition of the crime and reflects on the defendant's age, sex behavior, environment, etc., as stated in the argument of this case, the punishment is determined as ordered.

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