Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

피고인은 2020. 5. 27. 22:50경 평택시 소재 B사거리 부근 도로에서부터 같은 시 C 부근 도로에 이르기까지 약 600m 구간에서 혈중알코올농도 0.225%의 술에 취한 상태로 D UA125XQ 원동기장치자전거를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of the circumstantial statements, investigation reports, and control results of drinking driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing factors, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, family relationship, etc., shall be determined by comprehensively taking into account the following factors:

favorable sentencing factors: one reflects his mistake, and again, he is expected not to drive under the influence of alcohol.

There is no record of punishment exceeding a fine.

Unfavorable sentencing factors: there is a record of being punished as a fine due to drinking driving in 2002.

The drinking alcohol level of the drinking driving is extremely high and the driving distance is not short.

The driver caused a traffic accident while driving a drinking motor vehicle.

(However, there was only physical damage, but not prosecuted as a penalty penalty).