도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On November 19, 2008, the Defendant received the summary order of KRW 1 million for the crime of violation of the Road Traffic Act from the Daejeon District Court’s branch on November 19, 2008, and the summary order of KRW 4 million for the same crime from the Suwon District Court’s Pyeongtaek site on July 30, 2013, respectively.
On February 6, 2015, at around 23:31, the Defendant driven DK5 vehicles at a section of about 500 meters in front of the beer rayer, which is under the influence of alcohol by 0.114% of blood alcohol concentration, and is located on the road located in the same Ri from the day before the beer rayer and the road located in the same Ri.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous records: Criminal records, etc. inquiry reports, copies of written judgments, and the application of Acts and subordinate statutes concerning summary orders;
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is three times or more, it is necessary to strictly punish the defendant in light of the fact that the defendant drives the vehicle in this case in a considerable state of drinking. However, the defendant recognized the facts charged in this case and reflects his mistake in depth, and the rules of employment in the workplace where the defendant is present stipulate the grounds for temporary dismissal as the "where imprisonment without prison labor or heavier punishment is finalized" in the rules of employment of the workplace where the defendant is accompanying, the defendant has somewhat harsh aspect in choosing imprisonment. It is so decided as per Disposition by selecting a fine by taking into account the defendant's age, character and behavior, and various circumstances shown in the records.