도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 10,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Criminal facts
Some of the facts charged were corrected.
On April 22, 2009, the Defendant received a summary order of a fine of two million won for a violation of the Road Traffic Act from the Sung-nam branch of Suwon District Court on April 2, 2009.
Nevertheless, at around 23:20 on October 15, 2019, the Defendant, while under the influence of alcohol at least 0.092% of blood alcohol concentration, violated the prohibition of drinking driving by driving a DNA fluoring car at approximately 500 meters from the front road of Gwangju City to the front road of Gwangju City, at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;
1. Application of criminal records, reply reports, and summary order (28 pages of investigation records)-related 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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, driven a SUV vehicle under the influence of alcohol, even though he/she had the record of a fine in around 2001, around 202, and around 2009, even though he/she had been subject to each of the fines, he/she again driven a motor vehicle under the influence of alcohol that does not be less than 0.092
In light of the fact that the defendant shows the attitude of recognizing and opposing the defendant's mistake, the defendant has been punished six times for traffic crimes such as suspended sentence due to traffic accidents in around 200, suspended sentence due to a licenseless driving in around 201, and the suspended sentence of imprisonment due to a non-licenseless driving in around 201, while there are no other criminal records other than the above previous criminal records, and other general circumstances such as the age and character of the defendant, character and character, environment, motive, means and consequence of the crime, etc., the punishment shall be determined as ordered.