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 March 4, 2008, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) at the Incheon District Court.
【Criminal Facts】
On December 13, 2019, at around 22:40, the Defendant driven C K5 car while under the influence of alcohol with approximately 0.175% alcohol concentration in the section of approximately 1km from the Do in front of the Do in Suwon-si to the front of the Gu.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and 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 provisional payment order is that the Defendant, even though there were three times the records of criminal punishment due to drunk driving, was driving the instant drinking, and the blood alcohol concentration level at the time was considerably high. In light of the risk of the occurrence of the accident and the purport of the amendment of the Act increased by the statutory penalty, the nature of the crime is not easy.
However, considering the fact that the defendant is led to confession and reflect, and that there is no criminal record that exceeds the fine yet, the punishment as ordered shall be determined by taking into account the following factors: the defendant's age, attitude, environment, background and distance, circumstances after the crime, etc., and various sentencing conditions shown in the records and arguments, such as the circumstances after the crime.