도로교통법위반(음주운전)
The sentence against the accused shall be determined by a fine of KRW 3,00,000.
When the defendant does not pay the above fine.
Punishment of the crime
The defendant is a person who drives a motor vehicle with sod vehicle of C. A.
On December 24, 2016, while under the influence of alcohol leveling to 0.05% or more during blood transfusions, the Defendant driven the said car from the singing line in the Seo-gu Seo-gu Pungdong of Gwangju to approximately 1km to the front distance intersection of the Public Health and Environment Research Institute located in 93-1, Seo-gu, Seo-gu, Gwangju.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Application of Acts and subordinate statutes to a statement on the circumstances of a driver making a drinking and an inquiry about the control of drinking driving;
1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the instant crime, etc., the sentence is determined as ordered.
A favorable normal situation: The defendant has been divided into and reflected in his mistake.
The defendant does not commit a second offense.
The defendant has a record of being sentenced to a fine once due to drinking.
Considering the risk of accidents caused by drinking driving, it is necessary to strictly punish such crimes.
Part of Innocence [Main Prosecution]
1. The summary of the facts charged is a person driving CA-A-A-A-Wood vehicle.
On December 24, 2016, the Defendant driven the said car at approximately 1km from the singinging road in Seo-gu, Seo-gu, Gwangju, Seo-gu, about 93-1, to the intersection of the private distance of the Health and Environment Research Institute in the front of the Environment Research Institute located in 93-1, under the influence of alcohol level of 0.103% among the blood transfusions around 03:35.
2. Determination
(a) The driving is completed under the circumstances in which it is impossible to determine whether the alcohol level at which the driving time of drinking is the point of rise in alcohol level during blood.