(영문) 대구지방법원 2013.04.11 2013고단804

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(영문) 대구지방법원 2013.04.11 2013고단804

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 21, 2012, at around 10:20, the Defendant driven a BL car under the influence of alcohol content of approximately 0.171% at the section of approximately 1.3km from the 1.3km to the front road of the Geumcheon-gu Seoul Special Metropolitan City Geumcheon-si, Geumcheon-gu, Geumcheon-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on detection of suspects in violation of the Road Traffic Act (driving) and reports on the circumstantial statement of drivers;

1. Notification of the results of the drinking driving control, and the application of Acts and subordinate statutes to the drinking driving control;

1. Relevant Article of the Criminal Act and Articles 148-2 (2) 2 and 44 (1) of the Criminal Act concerning the selection of criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has been sentenced to three times of a fine for the same crime for the last ten years, one time of suspended execution, and one time of a sentence. In particular, in light of the fact that the defendant committed the instant crime without being aware of the fact that he committed the same crime even though he was committed, and that the blood alcohol concentration of the defendant was considerably high at the time of the instant case, the defendant should be subject to strict punishment.

However, the defendant reflects the wrongness of the defendant, and is going to not reach recidivism while scrapping the vehicle, and the defendant is sentenced to a suspended sentence for six months in the Daegu District Court on March 26, 2008 due to the crime of violation of the Road Traffic Act (e.g., refusal of measurement) at the Daegu District Court on March 26, 2008, but the suspended sentence is invalidated and is currently serving a prison term, and all other sentencing conditions such as the defendant's age, character and behavior, and environment are determined as ordered.

It is so decided as per Disposition for the above reasons.

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