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
On April 5, 2011, the Defendant received a summary order of KRW 1 million for the crime of violating the Road Traffic Act from the Sung-nam branch of Suwon District Court, and a summary order of KRW 2 million for the same crime in the same court on August 10, 201.
On December 19, 2019, at around 03:26, the Defendant driven a rocketing car in the state of alcohol with approximately 100 meters alcohol concentration of 0.131% from the section of about 100 meters, from the front of the C history, to the road in front of the C history.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Control photographs;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that even though the defendant had a record of being sentenced to two times a fine for the same kind of crime as indicated in its reasoning, he again committed the instant crime. Since the defendant's blood alcohol concentration at the time of the instant crime was high, it is disadvantageous to the defendant that the risk of traffic caused by the defendant is high.
On the other hand, the fact that the defendant recognizes the crime of this case, there is no record of criminal punishment other than the previous conviction in the judgment of the defendant, and that there are circumstances to consider the motive of the defendant causing the crime of this case is favorable to the defendant.
Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.