도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 13 million.
If the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Punishment of the crime
On March 29, 2018, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) in the support of Daejeon redness.
On September 5, 2020, the Defendant driven a e-manufactured car from around 01:22 to around 500 meters away from the road in the Chungcheong Budget-gun B to the road in front of the Chungcheong Budget-gun D, with a blood alcohol concentration of about 0.191% under the influence of alcohol.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Investigation report (Report on the situation of driving in the main place);
1. Previous convictions indicated in the judgment: Inquiry about criminal history and investigation reports (the same kind of force) and application of the summary order statutes attached thereto;
1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving), and the selection of a fine concerning the facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he had the record of being punished for driving under influence of alcohol in the past. As such, the nature of the instant crime is not good.
However, the defendant's mistake is recognized, and the defendant has no particular record of crime except for the punishment of a fine for driving under the influence of alcohol once in the past, and the punishment is determined as ordered by taking into account all the sentencing conditions, such as the circumstances leading to the crime of this case, the degree of drinking, the recovery and frequency of punishment due to driving under drinking, the age of the defendant, and sexual behavior.