도로교통법위반(음주운전)등
Defendant shall be punished by a fine of KRW 6,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On April 4, 2007, the Defendant received a summary order of KRW 500,000 from the Incheon District Court to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act, and on June 22, 2016, a summary order of KRW 4 million was issued by the same court as the same crime.
On July 28, 2016, when the Defendant had had a history of drinking twice or more, around 20:50, the Defendant driven BMW car with a blood alcohol level of 0.073% under the influence of alcohol level without obtaining a driver’s license on July 28, 2016, and proceeded with a section of about 3 km of approximately 114 meters from the front of the Gyeonggi-gu Gamar-ro 314, Gyeonggi-gu, Gyeonggi-do, Damsan-ro, 110 square meters in front of the general industrial complex.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Notification of the control results of drinking drivers;
1. Registers of driver's licenses;
1. Previous convictions in judgment: Inquiry reports, investigation reports (verification of the same kind of suspect's records), and copies of summary orders attached thereto;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a driver's licenseless driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act (Punishments imposed on any of the crimes referred to in Articles 40 and 50, the punishment of which is heavier between such crimes) 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is not good when the Defendant, even though there had been two-time criminal records of the same kind of crime due to drunk driving, is driving without a driver's license. However, although the Defendant, while making a trip at the same time with a woman of matrimonial engagement and Gyeonggi-do, was under the influence of driving, the Defendant was a substitute driver for the purpose of going through a dispute between a woman of matrimonial engagement and a woman of Gyeonggi-do, resulting in the occurrence of a dispute, but it is a place where there was no substitute driver.