도로교통법위반(음주운전)
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 October 28, 2008, the Defendant was issued a summary order of KRW 700,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00
On May 26, 2017, around 00:19, the Defendant driven a C-eth alcohol vehicle under the influence of alcohol concentration of about 0.066% at a section of approximately 1km from May 26, 2017, from the front day of the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon-gu, Incheon-si, to the high salary grade of about 464 high-wing oil stations in the same city.
Accordingly, the Defendant, who violated two times or more due to drinking driving, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Each legal statement of witness D and E;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Previous convictions: In a criminal history inquiry [the measurement of drinking shall be conducted by taking necessary measures in advance to prevent any error caused by alcohol remaining in the mouth of the measuring machine of drinking or the driver's remaining alcohol, etc., according to fair methods and procedures to ensure the accuracy and objectivity of the measurement results. If the result of the measurement of drinking is not obtained by such methods and procedures, it shall not be easily admitted as evidence of guilt (see Supreme Court Decision 2005Do7528, May 26, 2006). However, according to the above evidence, it is recognized that the defendant did not properly respond to the measurement of drinking at the time of the instant case, and there was an error of law in the method and procedure of measurement of drinking.
[No. 3]
Application of Statutes
1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;