도로교통법위반(음주운전)등
Defendant shall be punished by a fine of KRW 10,000,000.
If the defendant does not pay the above fine, the fine shall be 100.
Punishment of the crime
On September 1, 2009, the Defendant issued a summary order of KRW 1 million to a fine for a violation of the Road Traffic Act at the Chuncheon District Court on September 1, 2009, and on February 2, 2010, the same court issued a summary order of KRW 4 million as a fine for the same crime.
On June 24, 2018, at around 21:10, the Defendant driven a motor bicycle without any registration (50c) under the influence of alcohol concentration of about 0.057%, without a driver’s license, at the 1km section from the front of the restaurant near the B market in Chuncheon City to the front of the D convenience store in Chuncheon City.
As a result, the Defendant, while driving a motorcycle without a motorcycle driver's license, has violated the duty of prohibition on driving under the influence of alcohol not less than twice and has driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a driver, control photographs, motorcycle specifications, the register of driver's licenses, etc.;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), investigation reports (verification of drinking records at least twice), list of related cases, Chuncheon District Court Decision 2009Daa5722, Chuncheon District Court Decision 2009Daabb840 Acts and subordinate statutes shall apply;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving a motorcycle without obtaining a license for driving a motorcycle);
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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The crime of this case on the ground of sentencing under Article 186(1) of the Criminal Procedure Act, which bears the cost of lawsuit, does not lead to any more serious result due to simple drinking and unauthorized driving. The defendant's blood alcohol concentration, which constitutes the elements of the crime, is lower than 0.057% at the time of the crime of this case, and the defendant's driving of the motor paper is a bicycle.