도로교통법위반(음주운전)
Defendant shall be punished by a fine of 12,000,000 won.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[Criminal Power] On April 23, 2015, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On December 21, 2019, at around 22:00, the Defendant moved to drive a car in the condition of 0.112% alcohol concentration from the 5km section from the front of the cafeteria B cafeteria located in Sungsung City to the D front road.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
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 records of judgment: Application of criminal records, reply reports, investigation reports (verification of criminal records of the same kind) 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, and since June 25, 2019, the penal provision for a drunk driving was strengthened, and the defendant was also able to easily understand the above circumstances through the media, etc., and there is a need for strict punishment in that he/she was a drunk driving.
However, the defendant recognized the crime of this case and divided his mistake, and there is no record that the defendant has been punished in excess of the fine due to the same kind of crime, and considering the various circumstances that form the conditions for sentencing as shown in the records, such as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment as ordered shall be determined.