도로교통법위반(음주운전)
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On January 28, 2014, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.
On November 2, 2019, at around 07:18, the Defendant driven a motor bicycle from the Ulsan-gu BBD parking lot to the front road in the same Gu C with approximately 800 meters alcohol concentration of about 0.042% under the influence of alcohol.
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. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;
1. Application of Acts and subordinate statutes on criminal records, inquiry reports, and summary order;
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. Article 53 and Article 55(1)6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 21, 2007; Supreme Court Decision 2007Da1548, Apr. 2, 2007)
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;