도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 9,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On April 29, 2020, around 22:55, the Defendant driven a DM3 car while under the influence of alcohol leveling 0.171% in a two-meter section of blood alcohol level on the roads of the CF store located in Net City B.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the result of the crackdown on drinking driving;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes to investigation reports;
1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes and reflects the instant crime, the blood alcohol concentration in the instant case is considerably higher than 0.171%, and there is a good factor for sentencing that the Defendant has been punished by a fine for a violation of the Road Traffic Act of 2005.
However, the Defendant, on the day of the instant case, sent a substitute driver who arrived at the house near the house, but failed to find a place to park, and made it possible to commit the instant crime while trying to park. On the other hand, the Defendant’s driving distance is about two meters as favorable sentencing factors.
In addition, the social harm caused by drunk driving is very serious and thus it is necessary to strictly punish such severe punishment, and the sentencing cases in cases similar to all of the sentencing factors indicated in the arguments of this case, including the blood alcohol concentration and driving distance in this case, the circumstance of detection of the crime of drinking driving in this case (the occurrence of a traffic accident during drinking), the age of the defendant, family relations, criminal records, etc., shall be determined by comprehensively taking into account the sentencing factors of the defendant.