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
On December 24, 2014, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the Gwangju District Court.
On September 18:15, 2020, the Defendant driven an Ebenz S350 L car at approximately 500 meters from the front side of Gwangju Seo-gu to the front side of D located in the same Gu, while under the influence of alcohol of 0.047% of blood alcohol level around 0.047%.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. 112 reported case handling table;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);
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 is that the defendant, even though he was punished as a drunk driving, has a high possibility of criticism and social risks.
However, in consideration of the fact that the drinking water in this case was lower than other cases, there is a little interval between the Defendant’s previous conviction and the date of the crime in this case, and the Defendant’s mistake is divided, a fine shall be imposed on the Defendant.
The amount of the fine shall be determined as per Disposition in consideration of the above factors of sentencing.