도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 8,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[criminal records] The Defendant was sentenced to two years of imprisonment with prison labor for the obstruction of the performance of official duties by the Jeju District Court on September 26, 2016, and the said judgment became final and conclusive on October 4 of the same year and is still under the suspension of execution.
[2] On October 25, 2010, the Defendant received a summary order of KRW 1,50,000 from the Jeju District Court to a fine of KRW 1,50,000 as a violation of the Road Traffic Act (driving). On April 21, 2016, the Defendant received a summary order of KRW 1,50,000 from the same court as a person who was notified of the summary order of KRW 1,50,00 for the same crime. On February 17, 2017, the Defendant was under the influence of KRW 0.081% of alcohol during blood transfusion at around 22:02, and driving a B QM5 vehicle from approximately 300 meters to the front of the Han River of Jeju District Court located in the Jeju District Court to the same Eup.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;
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. In light of the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act requires strict punishment for the defendant who committed the instant crime without being subject to suspended execution, even though the defendant was under suspended execution due to interference with the performance of official duties, it is necessary to strictly punish him/her.
However, in light of the fact that alcohol concentration in blood is not high and that human material damage is not caused, it seems that the protection of legal interests is somewhat harsh to invalidate the suspension of execution due to other crimes, and the sentence like the order is sentenced by a fine.