도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On November 22, 2018, at around 06:31, the Defendant driven B Poter cargo at approximately 2 km section from the front of the Bupyeong-gu Incheon Bupyeong-dong, Bupyeong-gu, Incheon, to the front of the 245 ecological tunnel, while under the influence of alcohol leveling to 0.051% of alcohol level, from around 2 km section to the front of the Incheon Bupyeong-gu, Bupyeong-gu, Incheon.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;
1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The crime of this case with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is a situation unfavorable to the defendant, such as the fact that the defendant drives a vehicle while under the influence of alcohol, and that the defendant has already been subject to criminal punishment for the same kind of crime, and that the driving of drinking is a high risk of causing serious harm to the life, body, etc. of another person, and thus, requires strict punishment to eradicate it.
On the other hand, the defendant would recognize the crime of this case properly and will not drive drinking again.
The fact that the defendant's blood alcohol concentration is about 0.051% at the time of detection and the fact that the defendant's blood content is minor is favorable to the defendant.
In full view of the above circumstances and all of the sentencing conditions as shown in the arguments in this case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment shall be determined as ordered.