도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[Criminal Power] On June 19, 2013, the Defendant was issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act (driving) at the Busan District Court’s Branch Branch.
【Criminal Facts】
On July 16, 2020, at around 01:19, the Defendant driven a DNA cargo vehicle while under the influence of alcohol of about 0.082% in the section of approximately 1.5 kilometers from the front of Seocheon-si B to the front of Seocheon-si, Seocheon-si.
Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Previous records of judgment: Criminal records, repeated statements, and application of two-yearly Acts and subordinate statutes of a summary order;
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 of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is an offense in which not only the person himself but also another person's life can be taken, and the offense is inferior, and the defendant drives a dangerous cargo vehicle, etc. that is disadvantageous to the defendant.
However, under the circumstances favorable to the defendant, the fact that the defendant recognized the crime of this case, the fact that there was no record of punishment for drinking, other than the one-time punishment power as shown in the judgment prior to about seven years, and that blood alcohol concentration was relatively low, etc., the punishment as set forth in the order shall be determined by comprehensively taking into account all the factors of sentencing as shown in the records and arguments of this case, including the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc.