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(영문) 광주지방법원 순천지원 2017.07.06 2017고정106
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

The Defendant is a driver of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle.

On December 18, 2016, the Defendant driven the said vehicle by driving approximately one meter away at the Hyundai Construction Apartment 109, which is located in 136, while under the influence of alcohol 0.139% in a state of under the influence of alcohol among blood transfusions on December 18, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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

1. The defense counsel asserts that the determination and sentencing of the defense counsel's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act is not punishable due to drinking, since the place where the defendant drives a vehicle while drinking alcohol is not a road provided for in the Road Traffic Act.

However, as the Road Traffic Act was amended by Act No. 10382 on July 23, 2010, in the case of drunk driving, the crime of violating the Road Traffic Act is established even in the case of drinking driving at a place other than the road, which is determined to include driving at a place other than the road.

Therefore, this part of the defense counsel's assertion is without merit.

B. Although it is somewhat certain to take into account the circumstances, place, distance, etc. of the defendant's driving of alcohol, the above fine penalty shall be determined in light of drinking volume (the amount of fine for a summary order setting the minimum statutory penalty according to drinking volume is appropriate).

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