도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
On July 7, 2012, at around 00:45, the Defendant driven BM5 vehicles under the influence of alcohol concentration of about 0.219% in the section of about 5km from a place where it is impossible to identify the place of the members of Ansan-si, the Hasan-si, the Hasan-si, the Hasan-dong of which is located in the same Sinsan-dong, to the front day of the third-distance.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to a petition for appraisal, a petition for an appraisal, and a petition for an advisory driver (40 pages of investigation records);
1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that choose the penalty for the crime;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to have driven a vehicle while under the influence of alcohol by the defendant. The drunk driving is a serious dangerous crime that may lead to a serious accident that may lead to another person's life, and as the recent revision of the Road Traffic Act has been amended, the punishment for the act of driving under the influence of alcohol has been greatly strengthened. The defendant's blood alcohol concentration at the time of the instant driving was remarkably high by 0.219% because the blood alcohol concentration of the defendant was around 0.219%, and even after the change of the vehicle line, it is necessary to strictly punish the defendant.
However, in the instant case where the Defendant recognized the instant crime and against his mistake and without any criminal records, and only the Defendant requested a formal trial against a summary order, the circumstances favorable to the Defendant, such as the application of Article 457-2 (Prohibition of Disadvantageous Alteration) of the Criminal Procedure Act and thus, cannot be sentenced more severe punishment than that of the summary order, shall be taken into account together with the circumstances favorable to the Defendant. In addition, taking into account all other circumstances, such as the Defendant’s age, character and behavior, environment, circumstances surrounding the crime, and circumstances after the crime, etc., the sentence shall be determined as per the order against