beta
(영문) 대전지방법원 홍성지원 2019.05.28 2019고단144

도로교통법위반(음주운전)등

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On September 29, 2018, at around 22:30, the Defendant driven a G rocketing car without obtaining a driver’s license with a blood alcohol concentration of about 50 meters from the front of the C cafeteria located in Boli-si B to the front of the F cafeteria located in D E.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a fine of choice of punishment (along with the period of a repeated crime of the same kind; however, the period of driving prior to the above repeated crime is more than 2004 and a relatively long period of time has elapsed; the crime of this case is relatively low in blood alcohol concentration, driving distance is very short; the circumstances discovered by the Defendant’s report by the Defendant’s wife may also be partly considered; any particular human and material damage has not occurred; and the Defendant’s mistake is against his/her own fault; and other favorable circumstances are considered);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;