도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 8,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On January 18, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.
On July 10, 2020, the Defendant was under the influence of alcohol at around 0.047% of blood alcohol concentration on July 23:38, 2020, the Defendant driven BK9 car from approximately 2km to around 153-lane 30,000 in the 2km section of Gwangju-dong-gu from the front day of the cafeteria-dong Pung-dong Pungdong to the 153-lane 30.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification 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 provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55(1)6 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):
1. Articles 70 (1) 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 of the provisional payment order is that the defendant, even though he was punished as a drunk driving, has a high possibility of criticism and social risks.
However, in consideration of the fact that the drinking water in this case was lower than other cases, the defendant's previous record of drinking and the date of the crime in this case has a big interval of time between his previous record of drinking and his previous record of the crime in this case, and the defendant's mistake is pened,
The amount of the fine shall be determined as per the order within the scope of the sentencing, after reducing the amount in consideration of the above sentencing factors favorable to the defendant.