도로교통법위반(음주운전)등
Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On September 30, 2016, at around 23:19, the Defendant driven a Cice-based car without obtaining a driver's license from the section of about 1 km from the flive road of the Hosi-dong, Yangju-si, Yangju-si, to the front road of the Seognam-dong, Yangju-si, and without obtaining a driver's license, while under the influence of alcohol with 0.223% of the blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each Act and subordinate statute stated in the circumstantial statement of a drinking driver, the report on detection of a drinking driver, the report on the status of running a motor vehicle, and the register of driver's licenses;
1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. On June 30, 2016, the Defendant: (a) was under the influence of blood alcohol concentration of 0.148% on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act; (b) was under the influence of alcohol content; and (c) was issued a summary order of KRW 3 million on August 29, 2016.
(Seoul District Court 2016 High Court 2016 High Court 7565). Nevertheless, the Defendant once again driven the instant drinking or non-licensed driving on the three months, and the blood alcohol concentration was considerably high by 0.223%.
However, considering the fact that the defendant led to the confession of the crime, there is no previous conviction except the above summary order, that the defendant reported the marriage with the Korean citizen, that the defendant plans to make marriage on December 18, 2016, and that the suspension of the execution of imprisonment is a big problem in the domestic status of stay when the defendant is sentenced to imprisonment, it is too harsh to select imprisonment to be sentenced to the defendant.
Therefore, the defendant is sentenced to a fine, and the amount of fine was determined in consideration of the above circumstances.