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
[criminal power] On December 19, 2019, the Defendant was sentenced to a suspended sentence of two years for a period of imprisonment with labor for a violation of the Electronic Financial Transactions Act from the original branch of the Chuncheon District Court on the grounds of the violation of the Electronic Financial Transactions Act, and the judgment became final and conclusive on December 27, 2019.
【Criminal Facts】
On October 23, 2019, at around 22:26, the Defendant driven C K3 cars in the state of alcohol concentration of about 0.102% from the distance near the mutual influent restaurant to the entrance of B village in the same city from around 2km to the entrance of B village.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes to any inquiry about the control of drinking driving;
1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;
1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the reasonable circumstances] reflects the instant crime.
It is necessary to consider equity with the case where a judgment has been rendered simultaneously with the case where a judgment has not been made in the same criminal record and the case where a judgment has become final and conclusive.
In light of the fact that the statutory penalty for a drunk driving crime has been continuously aggravated due to serious social harm caused by a drunk driving and changes in the legal sentiment of the general public, there is a need to strictly punish a drunk driving crime.
In addition to the above circumstances, the defendant's age, character and conduct, family relationship, environment, etc. as shown in the trial process of this case shall be comprehensively considered and the sentence shall be determined as ordered.