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 November 13, 2013, the Defendant, while under the influence of alcohol of 0.165% on blood alcohol level, driven the BK5 car owned by the Defendant at the 1.5km bus parking lot located in 1587-1, Mannam-dong, Chungcheongnam-dong, 1587-1, at the same time, around the 3rd entrance of the Mannam-dong-dong 777-1.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the circumstantial report on a host driver;
1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the defendant driven a blood alcohol while the blood alcohol concentration is considerably high, and the evidence is found to have been under the influence of alcohol even after examining the evidence, and the defendant is under the influence of alcohol.
There is also an accident caused by the signal signal light pole, and the defendant is driving under the influence of alcohol.
In light of the fact that traffic accidents have been sentenced to 6 months of suspended sentence, 2 years of suspended sentence, and the fact that it is currently being suspended, there is a need to punish the defendant significantly. However, the punishment as ordered is determined by considering the circumstances such as the fact that drunk driving did not cause any particular damage to the defendant except for the damage of telegraph poles such as his own vehicle and signal signal, the defendant was sentenced to suspended execution due to the fact that he was involved in a traffic accident due to drinking driving, the defendant has no specific criminal power except the two crimes that have been sentenced by a driver without license, and the defendant appears to recognize and reflect all of the crimes.