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(영문) 창원지방법원 통영지원 2017.11.28 2017고정374
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

On August 12, 2017, at around 16:45 on August 12, 2017, the Defendant driven a B-learning car volume with approximately 100 meters alcohol content 0.124% while under the influence of alcohol from the day before the C-Sari, which is located in the G-Sari, to the day before the T-Sari, in front of the L-Sari-ri-ri-ri-ri-ri-ri-ri-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the situation of the driver of drinking alcohol and report on the situation of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes on investigation reporting;

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

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, sought countermeasures since it is difficult for the Defendant to take advantage of the police to get on and off the vehicle by avoiding violence, and it is extremely difficult for the circumstances of living, and the ability has been significantly deteriorated due to the maternity disease, etc.

“The statement was made to the effect that “........”

However, the defendant has already been able to drive one time of drinking, and it is difficult to make it difficult to see the living conditions, and it is not well visible.

However, it is difficult to understand that it is difficult to understand the passage of a motor vehicle, and it is also difficult to understand that the passage of a motor vehicle would help the surrounding person or run away as it is, in order to avoid assault.

In addition, considering various circumstances, it is difficult to see that the fine of KRW 3 million against the defendant is excessive.

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