도로교통법위반(음주운전)
Defendant shall be punished by a fine of 12 million won.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Punishment of the crime
[criminal power] On November 19, 2014, the Defendant was issued a summary order of KRW 4 million by the Suwon District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On November 14, 2019, at around 23:40, the Defendant driven a Bben sport car under the influence of alcohol with approximately 500 meters alcohol concentration of 0.117% from the section of approximately 500 meters to the village village distance located in the same Geumdong-gu, Sungnam-si.
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. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the control of driving under the influence of alcohol, and the circumstantial statement of a drinking driver;
1. Previous convictions in judgment: Application of criminal records and summary order Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is not only a crime that is highly likely to infringe on the life and property of others, and thus, it is highly necessary to strictly punish the defendant, and the blood alcohol concentration of the defendant is relatively high.
However, considering the fact that the defendant recognized his mistake and seriously reflects the defendant's disposal, that the defendant disposed of the vehicle, that the defendant would not drive the vehicle again, that the defendant has no criminal records except once before and after a fine for drunk driving in 2014, and that there is no other criminal records other than the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, circumstances after the crime, etc., the punishment as ordered shall be determined as per the disposition.