도로교통법위반(음주운전)
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 December 22, 2013, at around 23:12, the Defendant driven a B SP car at approximately 26 km prior to the Honam Highway CY in the Gyang-dong, in a state of alcohol of 0.254% of blood alcohol concentration. However, from the Roman parking lot, the Defendant driven a B SP car at approximately 26 km to the front road of the Jeju Highway CY in the PPY.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to requests for appraisal of blood alcohol concentration, requests for appraisal (including blood alcohol appraisal reports), and reports on detection of drinking drivers (20130602406-00357);
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. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is that the Defendant committed the instant crime in spite of the fact that the Defendant had been punished by a fine due to the same crime as the instant crime, and that the degree of the Defendant’s taking of drinking driving in this case is very high to 0.254% in relation to driving under influence of alcohol in this case, it is necessary to strictly punish the Defendant.
However, on the other hand, in full view of the following circumstances: (a) the Defendant’s mistake is divided, and the Defendant is against himself; (b) there was no additional risk of traffic accidents against others during driving under the influence of alcohol in this case; and (c) the Defendant has no particular criminal power other than the above one fine prior to the Defendant; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, etc., and all other circumstances constituting the conditions for sentencing as shown in the argument of this case, including the circumstances after the crime,