도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 15 million.
If the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Punishment of the crime
On July 26, 2017, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act in the Hongsung Branch of Daejeon District Court on July 26, 201.
On September 23, 2020, at around 22:05, the Defendant driven a DNA car under the influence of alcohol level of about 10km from around the main point of “C” located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do to the same military marina letter, and from around 10km to the front day of the distance in front of the transmission.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Application of Statutes
1. Defendant's legal statement;
1. Notification of the result of crackdown on drinking driving;
1. The circumstantial statement of the employee;
1. Investigation report (report on the situation of running a motor vehicle at home);
1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order statutes attached thereto;
1. Relevant legal provisions concerning facts constituting an offense, 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 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 committed the instant crime even though he had the record of being punished for driving prior to three years, and at the same time, he/she committed the instant crime. The fact that the nature of the instant crime is not good, and that the amount of drinking alcohol is very high is disadvantageous to the defendant.
However, in full view of the following factors: (a) the defendant has recognized his mistake; and (b) the defendant has no particular criminal records except for the punishment of a fine for a drunk driving once in the past; (c) the circumstances leading up to the crime of this case; (d) the degree of drinking alcohol; (e) the recovery and frequency of punishment due to a drunk driving; and (e) the age and character of the defendant,