도로교통법위반(음주운전)등
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[Judgment on May 30, 2013, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution due to embezzlement, etc. at the Jeju District Court on May 30, 2013, and the judgment became final and conclusive on December 16, 2013.
【Criminal Facts】
Around 19:00 on May 15, 2013, the Defendant, without a car driver’s license, driven C Poter freight on the front of the point of Sungsansan Busan District, in the state of alcohol of 0.121% of blood alcohol concentration without a car driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses, reports on detection of drivers, investigation reports, etc. (limited to control details, etc.);
1. Relevant legal provisions concerning facts constituting a crime: Articles 148-2 (2) 2, 44 (1) (a point of sound driving), 152 subparagraph 1, and 43 of the Road Traffic Act;
1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;
1. Selection of punishment: Selection of a fine;
1. Handling concurrent crimes: The latter part of Articles 37 and 39 (1) of the Criminal Act (the crime at the time of sale is concurrent crimes with the crime of embezzlement, etc. as judged by a final judgment);
1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;
1. Provisional payment order: A sentence shall be determined as per Disposition by taking into account all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The unfavorable circumstances that recognize the facts of a crime if it comes into court: In light of the circumstances after the crime was committed, the poor nature of the crime is committed; the criminal records of the crime of embezzlement, etc. (Embezzlement due to refusal to return a physical card, etc., embezzlement that withdraws about KRW 5,680,00 from cash using the above physical card, and theft and use of the card amounting to approximately KRW 1.88,00,00,000,000,000,000,000,000 won, and the overall circumstances of the crime of this case shall be taken into account: The degree of blood alcohol and the family relationship of the defendant, and the previous criminal records, etc. shall be determined as per Disposition.