도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On February 7, 2018, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act by the District Court of Jung-gu.
On September 29, 2020, at around 13:38, the Defendant driven BM3 motor vehicles at approximately 2.5 km while under the influence of alcohol content of 0.095% from the roads near the new station located in the Gangnam-gu Seoul, Gangnam-gu, Seoul, to the Olympic Games located in 498, a pressure-gu Seoul, Seoul, with a view to blood alcohol content of 0.095%.
Accordingly, the Defendant driven a motor vehicle not less than twice while under the influence of alcohol.
Summary of Evidence
1. Report on the defendant's legal statement, the results of the drinking driving control, and investigation report;
1. Previous records of judgment: A statement of criminal records of foreigners, investigation reports (Attachment to attached records of the same kind of judgment), a summary order issued by the Korean District Court 2017 High Court Decision No. 20107, one copy of the summary order, and application of statutes;
1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), 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 under Article 334(1) of the Criminal Procedure Act of the order of provisional payment was that the defendant had been punished for driving under drinking around 2018, and even if he had the record of being punished for driving under drinking around 2018, the blood alcohol concentration was considerably high, and the responsibility for the crime is not somewhat weak.
However, considering the fact that the defendant's mistake is recognized and the occurrence of a traffic accident is not led to the driving under the influence of alcohol in this case, and other various circumstances, such as the defendant's age, environment, occupation, occupation, family relationship, circumstances after the crime, and circumstances after the crime, the punishment as ordered shall be determined.