beta
Text
The sentence against the accused shall be determined by a fine of KRW 4,00,000.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
On December 4, 2016, around 02:39, the Defendant was indicted on the premise that the Defendant was starting on the road in front of the Taesan apartment complex located in the Newdong in the Gwangju Northern-dong.
However, the Defendant moved from the Dacsan apartment to the Dacsan apartment on his behalf, and thereafter claimed that he was driving only from the Dacsan apartment to the front road of the 2amcke, and the evidence submitted by the Prosecutor alone, which the Defendant directly driven the Dacsan apartment on the Dacsan road.
Since it is insufficient to recognize that it does not interfere with the defendant's exercise of right to defense, it shall be corrected ex officio as above.
From approximately 400 meters to the grass course front road in the same Dong, C reputation Coin in the state of alcohol with about 0.178% alcohol concentration in blood was driven by the driver.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A report on detection and a report on the circumstances of the principal driver;
1. Application of statutes on site photographs;
1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the instant crime, etc., the sentence is determined as ordered.
A favorable normal situation: The defendant has been divided into and reflected in his mistake.
Unfavorable circumstances: The number of alcohol concentration in the blood of the defendant is considerably high.
In light of the risk of accidents caused by drinking driving, it is necessary to strictly punish such crimes.
The defendant has a record of having received juvenile protective disposition for the same crime.