도로교통법위반(음주운전)
Defendant shall be punished by a fine not exceeding seven million won.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Punishment of the crime
[criminal power] On September 9, 201, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice by receiving a summary order of a fine of 2.5 million won for a violation of the Road Traffic Act (driving under the influence of alcohol) from the Ulsan District Court’s branch on October 1, 201, and a fine of 2 million won for a violation of the Road Traffic Act (driving under the influence of alcohol) from the Seogsan District Court’s branch on October 1, 201.
【Criminal Facts】
On July 10, 2016, at around 09:40, the Defendant driven a e-mail in the direction of approximately 50 meters from the front side of D in Daegu Suwon-gu, to the front side of Daegu Nam-gu, with a blood alcohol concentration of about 0.159% under the influence of alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of a drinking driver, notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;
1. Previous convictions in judgment: The application of Acts and subordinate statutes to criminal records, investigation reports;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, 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 in spite of the fact that the defendant had been punished by a fine in 2011 and 2013 as the same type of crime, and even though there were circumstances such as the fact that the amount of blood alcohol concentration at the time of a drunk driving was very high, the defendant's late crime is against the defendant, and the result of the criminal trial in this case is against the defendant's occupation and status, as well as the circumstances such as the defendant's age, character and behavior, character and environment, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as set forth in the text of this case shall be determined in consideration of various kinds of sentencing factors