도로교통법위반(음주운전)등
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On June 24, 2018, the Defendant driven the unregistered C-100 (100c) Oralab, which was not covered by mandatory insurance without a bicycle license, from approximately 10km section from the front of the Cheongyang-gun, Chungcheongnam-gun, Cheongyang-gun, to the roads near the D cafeteria located in Chungcheongnam-gun, Hongsung-gun, to approximately 0.128% alcohol content during blood.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual survey report and on-site photographs;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 (2) 2, Article 44 (1) 2, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile with no mandatory insurance)
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is judged with the largest punishment);
1. Selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the Criminal Procedure Act is four-dimensional driving offenses, and two-dimensional mandatory driving offenses, which led to recidivism during the period of repeated crime, and the occurrence of an accident by concurrently driving under the influence of drinking. Therefore, a serious punishment is required in principle.
However, if you choose imprisonment in this case, the sentence shall be determined as ordered in consideration of the favorable circumstances such as the fact that it is against the law, that there is no previous conviction for drinking, that the accident is relatively minor and there is no damage.