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 September 13, 2016, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On January 22, 2020, at around 00:33, the Defendant driven a C-B car under the influence of alcohol concentration of about 0.089% from the 00:00,000, the Defendant driven a C-B car in the state of under the influence of alcohol concentration of about 3km from the 00:00,000 Seo-gu, Seoan-gu, Seoan City to the road in front of the Do-dong, Seoan-gu, Seoan-si, Seoan-gu, Seoan-si, Seoan-do
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of 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 Defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, was sentenced to a fine due to a drunk driving, while driving the instant drinking vehicle at the same time.
The driving distance at the time was reasonable, and the blood alcohol concentration level was not lowered, and considering the risk of the occurrence of the accident and the purport of the amendment of the amended law, the form of the crime is not weak.
However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment is determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, circumstances after the crime, etc., and various conditions of sentencing as shown in the arguments and arguments.