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 July 20, 2018, the Defendant driven a DNA car while under the influence of alcohol content 0.221% in the c front commercial parking lot located in Yangju City B on July 20, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the occurrence of drinking, report on internal driving, report on the circumstances of the driver driving of drinking, report on the driving of drinking alcohol, notification of the results of regulating the driving of drinking alcohol, on-site photographs, E-written statements, inquiry into the results of regulating the driving of drinking, and the register of driver's licenses;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
1. Relevant Article 148-2 (2) 1 and Article 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 grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant recognized the criminal facts of this case and reflects his mistake; (b) the driving distance of a motor vehicle is not long; and (c) the fact that there is no past record of criminal punishment is recognized as normal conditions favorable to the Defendant.
On the other hand, the driving of drinking is a crime that may cause damage not only to the driver himself/herself but also to the life or property of his/her deceased person and needs to be punished strictly. The alcohol concentration in the blood is considerably high by 0.221%, the balance of the general amounts of punishment in the same and similar cases, and other various circumstances, including the defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the instant crime, the circumstances after the instant crime, criminal records, family relations, economic circumstances, etc., which are the conditions for the instant sentencing, shall be determined as per the disposition.