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Reasons
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(영문) 대전지방법원 천안지원 2017.08.24 2017고정447
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

[M] On March 26, 2010, the Defendant was sentenced to a fine of KRW 1,00,000 to a fine of KRW 1,50,000 as a crime of violating road traffic laws (drinking driving) at the Support of the Daejeon District Court on March 26, 2010, and on November 3, 2010, to a fine of KRW 1,50,000 as a crime of violating road traffic laws (drinking driving) at the Support of the Daejeon District Court on the Incheon District Court on November 3, 201.

[2] On January 21, 2017, the Defendant driven a BM7 car at approximately 3 km from the road in front of the convenience store of the Nam-gu, South-gu, Dong-gu, Seoul Special Metropolitan City, on the road in front of the YY25, under the influence of alcohol content of 0.078% during blood transfusion at around 05:30%.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. A written statement (C);

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on the detection of the driver at home and a written statement of the situation of the driver at home;

1. Each photograph (electric power violating Article 44 (1) of the Road Traffic Act not less than twice);

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (three times drinking driving);

1. Relevant Article and Articles 148-2 (1) 1 and 44 (1) (excluding punishment) 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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the instant crime: (a) details of the instant crime; (b) details of drinking and the process of detection; (c) concentration of alcohol in blood; (d) criminal punishment against the Defendant, which applies to the Defendant with two times the record of driving alcohol; and (e) the fact that a fine of five million won is the lowest statutory penalty; and (e) the Defendant’s financial status and family relation, etc.

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