도로교통법위반(음주운전)등
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The Defendant is a driver of a non-registered 300cc Scartoma.
1. On July 22, 2016, the Defendant: (a) driven the above private wheels with a alcohol level of 0.289% under the influence of alcohol around 13:25 on July 22, 2016; and (b) driven a approximately 1 km up to 246 m of the military flow route in the same military as in the case of the Kncheon-gun, Hongcheon-gun, Sincheon-gun, Myeonn-gun, which is located in the military flow-based restaurant.
2. The Defendant violated the Road Traffic Act (unlicensed driving) without obtaining Class 2 driver’s license at the time and place specified in paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;
1. Application of Acts and subordinate statutes to the driving license ledger (A);
1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the Defendant’s blood alcohol concentration at the time of driving under the influence of alcohol in the instant case is 0.289%, which is disadvantageous to the Defendant.
On the other hand, the fact that the defendant's mistake is divided and reflected, and that the same crime is not repeated, and that the defendant has no criminal records for the same kind of crime is an element of sentencing favorable to the defendant.
In addition, the sentencing conditions specified in the pleadings of this case, such as the age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, shall be determined as ordered by considering all the circumstances.