도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On November 21, 2007, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Jeju District Court, and the summary order of KRW 2,50,000 as a fine in the same court on October 2, 2014.
On September 16, 2016, at around 04:44, the Defendant driven a B Sti-type car under the influence of alcohol content of about 0.121% at a section of about 500 meters from the front of the Green cafeteria, which is located in the Ildo-dong, to the front of the same city-type car site.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Criminal place and investigation report (20 pages of investigation records);
1. Previous for judgment: Application of Acts and subordinate statutes of each criminal record, inquiry report, attachment of summary order, and copy of summary order;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;
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 is that the Defendant committed the instant crime by running a drunk driving even though he had the record of being punished twice by a fine due to the crime of drunk driving prior to the instant crime. In light of the fact that the Defendant’s blood alcohol concentration level at the time of the instant crime is high 0.121%, the Defendant should be strictly punished.
However, in light of the fact that the defendant led to the crime of this case, the defendant has no record of criminal punishment exceeding the fine, the sentencing case in a similar case, and the age, character and conduct, environment, circumstances after the crime, and other various conditions of sentencing as shown in the records and arguments of this case, the punishment shall be determined as ordered.