도로교통법위반(음주운전)
Defendant shall be punished by a fine of eight million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
【Criminal Records of Crimes】 On February 2, 2018, the Defendant was issued a summary order of KRW 5 million by the Seoul Northern District Court as a crime of violating Road Traffic Act (drinking).
【Criminal facts” around 03:07 on September 21, 2020, the Defendant driven CK5 vehicle under the influence of alcohol concentration 0.186% while under the influence of alcohol concentration in the blood on the front of Michuhol-gu Incheon, Michuhol-gu.
Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Statement report on the circumstances of a driver who is placed in driving, report on the circumstances of the driver who is placed in driving, and report the results of regulating drinking;
1. Previous conviction in judgment: Application of an investigation report (the records of the same type of crime) and a summary order (2018 Highest 26).
1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;
1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act for the order of provisional payment are as follows: (a) even though the Defendant had been punished due to drinking, and again driven the instant drinking; (b) although the Defendant had a high alcohol concentration in blood at the time of driving, some circumstances may be considered as to the circumstances leading up to the driving of drinking; and (c) the fact that he/she should support his/her family, etc. in favor of the Defendant, taking into account the circumstances favorable to the Defendant; and (d) comprehensively taking into account all other circumstances, such as the Defendant’s age, sexual behavior, occupation, and environment, and the conditions for sentencing as shown