도로교통법위반(음주운전)
Defendant shall be punished by a fine of 12,000,000 won.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[Criminal Power] On October 13, 2006, the Defendant was issued a summary order of a fine of two million won by the Suwon District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On June 17, 2020, at around 21:45, the Defendant driven a Flux car in the state of alcohol alcohol concentration of about 0.234% in the section of about 3 km from the roads adjacent to the C in the Slux City B to the roads adjacent to the Elux in the same city D.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking-driving, and notification on the control of drinking-driving;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power);
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the Defendant had a record of being punished twice by a fine due to drunk driving, he/she also driven in the instant case at the same time. In light of the blood alcohol concentration level or the process of detection, the risk of the occurrence of the accident was not much high.
In this context, considering the purpose of the amendment of the statutory punishment increased, the quality of the defendant's crime is not weak.
However, considering the fact that all the previous departments were prior to 10 years, the fact that they did not lead to a multi-accident, etc., the following factors are taken into account: the defendant's age, attitude, environment, driving circumstances, distance, drinking volume, and the circumstances after the crime, the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the records and arguments.