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
[Criminal Power] On April 30, 2010, the Defendant was issued a summary order of KRW 2.5 million by the Suwon District Court for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On August 13, 2019, at around 22:10, the Defendant driven a D SP car in the state of alcohol alcohol concentration of about 0.065% from the 1km section from the front of the BP to the front of C, in the direction of around 1km.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Notification of the control of drinking driving;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;
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 of the provisional payment order has a record of being punished for a drunk driving in 2010, and the penal provision for a drunk driving was strengthened since June 25, 2019, and the Defendant also was able to easily have access to the aforementioned circumstances through the media, and there is a need for severe punishment in that he/she was a drunk driving in this case.
However, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant recognized the instant crime and divided his mistake; the Defendant has no record of punishment in excess of the fine yet; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the conditions of sentencing indicated in the record, such as the circumstances after the crime, etc.