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 November 18, 2009, the Defendant was sentenced to a fine of KRW 1 million for the violation of the Road Traffic Act in the Gangnam Branch Branch of the Chuncheon District Court on November 18, 2009, and a fine of KRW 500,000 for the same crime in the same court on December 24, 2008. Around August 1, 2012, the Defendant driven a Dsch Rexn car with approximately KRW 250 meters while under the influence of alcohol level of KRW 0.080 in alcohol level around the Defendant’s house located in the Gangwon-gu Seoul Special Metropolitan City on August 1, 2012.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial statement of the employee;
1. Previous records of judgment: Application of inquiries, such as criminal records, and investigation reports, and Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;
1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (the fact that the defendant repents and reflects his mistake in depth, the fact that the time and distance of the defendant's driving is relatively short, and favorable circumstances such as the motive for driving and the road for driving);
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order
1. The summary of the facts charged is around 20:00 on August 1, 2012, the Defendant driven a vehicle of Dsch Rexton at approximately 250 meters without obtaining a driver’s license for the vehicle driving on the road near the office of the Defendant located in Chungcheongnam-gun, Gangwon-gun.
2. As to whether the instant place where the Defendant driven a motor vehicle falls under the “road” under the Road Traffic Act, the “road” under Article 2 subparagraph 1 of the Road Traffic Act refers to a road under the Road Act, a toll road under the Toll Road Act, an agricultural and fishing village road under the Act on the Maintenance and Improvement of Road in Agricultural and Fishing Villages, and other places where it is practically necessary to ensure safe and smooth traffic of unspecified persons, motor vehicles, and horses.
However, comprehensively taking account of the evidence duly adopted and examined by this court.