도로교통법위반(음주운전)
Defendant shall be punished by a fine of 12 million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On October 24, 2011, the Defendant issued a summary order of KRW 1,50,000 by the Seoul Western District Court for a violation of the Road Traffic Act (driving). However, on March 26, 2020, the Defendant was under the influence of alcohol level of KRW 0.173% at around 22:55, and operated a hybrid car from the front side of Seoul Jung-gu, Seoul and the same Gu B parking zone line to approximately 5 meters.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and a record of drinking measurements;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, Seoul Western District Court Order No. 2011 High Court Order No. 1594 of 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 order of provisional payment is that the defendant, even though he/she had a record of punishment for drunk driving, once he/she drives alcohol again, and that the defendant's blood alcohol concentration is high, is disadvantageous to the defendant.
However, the fact that the defendant acknowledges and reflects the facts charged, the driving distance is relatively long, the previous force of the punishment for drunk driving is relatively long, there is no particular criminal history other than the fine once, and the family of the defendant wants to leave the preference of the defendant, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, family relationship, motive, means and consequence of the crime, etc., shall be determined by taking into account the conditions of sentencing specified in the arguments of this case.