도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
【Criminal Records of Crimes】 On November 23, 2006, the Defendant received a summary order of a fine of one million won or more for a violation of road traffic laws at the Daegu District Court on the part of November 23, 2006, and received a summary order of two million won or more for the same crime from the deputy branch of the Daegu District Court on June 10, 201, and received a summary order of 1.5 million won or less for the same crime from the same support on May 9, 2013.
【Criminal fact-finding on November 1, 2015, the Defendant driven CMW car under the influence of alcohol concentration of 0.091% in alcohol level from the front day of the restaurant where it is impossible to find out the trade name in Yongsan-gu, Daegu-gu, Daegu-gu to the mountain village located in the Yongsan-gu, Daegu-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of regulating driving of drinking alcohol and reporting on the situation of driving of drinking alcohol;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);
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. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order had the record of two times of a fine for the same crime, if considering the fact that the defendant committed the instant crime, the criminal liability of the defendant is very heavy.
However, the punishment as ordered shall be determined by taking into account the following factors: (a) the confession of the defendant and his depth is against the defendant; (b) there is no record of punishment exceeding the fine; (c) the degree of the defendant's main behavior at the time of the crime (0.091%) and other conditions of sentencing, such as the defendant's age, sex, environment; (d) the motive and background of the crime in this case; and (e) the circumstances after the crime.