도로교통법위반(음주운전)
Defendant shall be punished by a fine of 12 million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On November 28, 2011, the Defendant was issued a summary order of KRW 2.5 million by the Ulsan District Court for the crime of violating the Road Traffic Act.
On January 14, 2020, at around 00:15, the Defendant driven a rocketing car under the influence of alcohol with approximately 500 meters alcohol concentration of 0.085% from the 500-meter section prior to the Ulsan Jung-gu B market to the front road of the same Gu.
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Previous convictions in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, investigation reports (Attachment to summary orders issued for the same type A of a suspect);
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. 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, including the previous conviction in the judgment, has the criminal records subject to punishment once a suspended sentence due to the driving of alcohol twice as well as the violation of the Road Traffic Act. The blood alcohol content in the judgment is 0.085%. Meanwhile, the recent period of time between the previous criminal record of a drunk driving and the date of the instant crime, the criminal defendant recognized and reflects the crime, and the motive and background of the crime, method and consequence of the crime, the circumstances after the crime, the defendant's age, the environment, and the criminal record relation, etc. shall be determined as ordered, taking into account all the factors such as the sentencing conditions.