Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant was sentenced to a summary order of KRW 1 million on February 4, 2009 due to a violation of the Road Traffic Act (driving) by this court, and was sentenced to a suspended sentence of two years on April 16, 2015.

피고인은 2016. 3. 15. 23:05경 구미시 수출대로31길 43-1에 있는 바비엥 원룸 앞 도로에서부터 구미시 여헌로 38-10에 있는 골드캐슬 앞 도로에 이르기까지 약 1.5km 구간에서 자동차운전면허 없이 혈중알코올농도 0.134%의 술에 취한 상태로 C 포터Ⅱ 화물차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Registers of drivers' licenses and details of driver's licenses revocation;

1. Previous records: Criminal records and other inquiries, and the application of a copy of judgment or the statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license).

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 suspended sentence of imprisonment for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, which was sentenced to a suspended sentence, was also driven by a driver without drinking alcohol during the suspended period.

The blood alcohol concentration was also high.

Considering the above circumstances, the sentence of imprisonment should be imposed.

However, at the time of the instant case, he/she was allowed to drive the car of a person in order to move the article to a new marriage, and to take into account the circumstances that led to the crime, such as taking the locked person, in order to take meals together with his/her friendship, and to escape alcohol after drinking together with his/her friendship, etc.

The mistake is recognized and depthed.

It has not yet been married.