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 July 13, 2007, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court due to a violation of the Road Traffic Act (driving).
【Criminal Facts】
On November 28, 2019, at around 13:00, the Defendant driven a vehicle with 150 meters a volume B W125 wheeled from the Gicheon-dong Branch Library in the Gicheon-si, Pungcheon-do to the roads in front of the public health clinic of the same water area, while under the influence of alcohol at 0.23% of blood alcohol level.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and output from the control of drinking driving;
1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes attaching the same 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 a provisional payment order is that the Defendant was sentenced to a fine due to a drunk driving, but was also driving under the influence of alcohol in this case.
In addition, the blood alcohol concentration level at the time was very high, and the cause of a traffic accident causes physical damage. The nature of the crime is not easy.
However, considering the fact that the defendant is led to confession and reflect, there is no record of criminal punishment for the last ten years, and the fact that the driver was a driver of the Otobane, and other various sentencing conditions shown in the records and arguments, such as the defendant's age, attitude, environment, driving circumstances, distance, and circumstances after the crime, the punishment is determined as ordered.