도로교통법위반(음주운전)등
Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
On June 21, 2013, at around 21:10, the Defendant: (a) was under the influence of alcohol with approximately 80 km alcohol concentration of at least 0.094% without a car driver’s license, at the south-gu Gyeong-dong, Seogu, Seo-gu, Seo-gu, Seo-gu.
Summary of Evidence
1. Defendant's legal statement;
1. A driver's license inquiry;
1. Application of Acts and subordinate statutes to any inquiry about the control of drinking driving;
1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Punishment for a violation of Article 40 or 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of an alternative fine (to be taken into account the following reasons for sentencing):
1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is that the Defendant committed the instant crime without being aware of the fact that the Seoul Southern District Court sentenced him/her to imprisonment with prison labor for 10 months on July 5, 2012 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) in the Act on the Aggravated Punishment, etc. of Specific Crimes, which was confirmed on July 13, 2012.
However, in light of the fact that the Defendant’s mistake is against himself/herself, and that he/she is obliged to support his/her neighborhood organ (the birth of August 8, 2010), and that considering the circumstances that the suspended sentence is invalidated when choosing imprisonment, this seems to be too harsh. However, the maximum amount of the fine shall be imposed by taking into account the following factors: the Defendant’s age, character and behavior, environment, etc., and all of the sentencing conditions specified in the records and arguments.