도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
At around 04:30 on June 6, 2012, the Defendant driven approximately one meter a DNA observer vehicle owned C in the condition of 0.20% of blood alcohol concentration on the street in front of the 717-3 Masan-si, Ansan-si.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to traffic accident reports (1), (2), reports on the actual state of driving on the main line, and reports on the appraisal report;
1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that choose the penalty for the crime;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to have driven a vehicle while under the influence of alcohol by the defendant. At the time of this case, the defendant was in the state of 0.2% alcohol concentration and was in the accident of receiving the latter vehicle, and as the recent revision of the Road Traffic Act, the punishment for the act of driving under the influence of alcohol has been significantly strengthened. Thus, the defendant should be strictly punished.
However, considering the favorable circumstances for the defendant, such as the fact that the defendant recognized the crime of this case and is against his mistake, the defendant's request that the vehicle be deducted from the vehicle while drunk, and the vehicle was committed by the defendant while driving the vehicle of this case, and the distance of the defendant's driving is only one meter, the defendant shall also be considered in light of the circumstances that are favorable to the defendant, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment shall be determined as ordered by the order.