도로교통법위반(음주운전)
Defendant shall be punished by a fine of 12 million won.
If the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Punishment of the crime
[Power of crime] On August 20, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving in Drinking) in the support of the Sungnam branch of Suwon Friwon.
[2] On December 23, 2020, at around 01:10, the Defendant driven an Eflat-house under the influence of alcohol with approximately 40 meters alcohol concentration of about 0.129% from the 40-meter section from the front of Gangnam-gu Seoul to the front of the exit 6 station in the same Gu C.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. The defendant's legal statement report on the situation of the driver who is the main driver, and the investigation report (the situation report of the driver who is the main driver, the application of the above dmark formula) control records;
1. Criminal records as stated in the judgment: Application of an inquiry letter, investigation report (the same kind of force), and summary order-making statute, such as criminal history;
1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;
1. The reason for sentencing under Articles 70(1) and 68(2) of the Criminal Procedure Act is that the Defendant repeats the driving of alcohol for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that the drinking volume of the instant case is significant is that the Defendant’s drinking is disadvantageously or excessively controlled to the Defendant and does not lead to an accident. Considering the Defendant’s favorable consideration of the fact that there was no criminal history other than the fine for drinking driving as stated in the previous criminal records, the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence is determined as per the text of the instant case, taking into account various sentencing conditions shown in the argument of the instant case, such as