도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 15,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant was issued a summary order on May 27, 2020 with the criminal records written in the indictment on May 27, 2010. However, according to the investigation report (verification of suspect A's records), it is obvious that it is a clerical error and thus, it is corrected ex officio to the extent that it does not interfere with the defendant's exercise of his/her right to defense.
5. The order of summary order of a fine of up to four million won was issued for a crime of violating the Road Traffic Act in the support of Ansan of the method of water source.
Nevertheless, on April 24, 2020, the Defendant driven D (G) 80 automobiles while under the influence of alcohol concentration of about 0.118% in the 14km section from around 01:10 to the front road of Jincheon-gun, Jincheon-gun, Chungcheongnam-do.
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. Report on the circumstances of a driver in charge of driving (A) and notification of the results of regulating drinking driving (A);
1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (a) and attached statutes;
1. Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020; Act No. 17371, Dec. 10, 2020); Articles 70(1) and 69(2) of the Criminal Act, which attracts a workhouse for criminal facts,
1. Scope of applicable sentences under the law for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment: Fines of 10 million won to 20 million won;
2. Determination of sentence: A fine of KRW 15 million (a favorable circumstance) is recognized and divided by all the defendants.
The defendant has no record of criminal punishment heavier than a fine for the same crime.
[Unfavorable circumstances] The Defendant, despite having a record of criminal punishment for the same crime, has been driving again under the influence of driving under the influence of alcohol, has a lack of awareness of compliance driving.
I seem to appear.
The distance operated by the defendant is about 14 km and is considerably longer compared to the case of the same kind of crime.