도로교통법위반(음주운전)등
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 November 25, 2013, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court on the land site, and on December 31, 2013, the same court received a summary order of KRW 3 million as a fine for the same crime. On August 9, 2017, the same court was sentenced to a suspended sentence of KRW 8 months for the same crime, and the judgment became final and conclusive on August 17, 2017.
【Criminal Facts】
On January 11, 2019, at around 08:34, the Defendant driven a F X-ray car without a car driver’s license, while under the influence of alcohol concentration of about 0.076%, from around 30km to the E-cafeteria road located in D in the same city.
As a result, the Defendant, who violated the prohibition of drunk driving not less than twice, drives a motor vehicle under the influence of alcohol in violation of the above provision, and simultaneously drives a motor vehicle without a license.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of a report on the actual condition of traffic accidents and the control results of drinking driving;
1. Registers of driver's licenses;
1. Previous records of judgment: Criminal history records, investigation reports (verification of the records of driving under the same kind of drinking), one written judgment, and two copies of summary order;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 1504, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has been punished several times for the same kind of crime, and even during the suspended period, the crime of this case is heavy.
However, the crime of this case is committed in the course of the defendant's confession and reflect on the crime of this case, and the preceding day after drinking.