도로교통법위반(음주운전)
Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
[Criminal Power] The Defendant was issued a fine of one million won by the Incheon District Court on September 13, 2017 as a crime of violation of the Road Traffic Act.
【Criminal Facts】
On August 26, 2019, around 23:50 on August 26, 2019, the Defendant driven the E-5 car under the influence of alcohol concentration of approximately 0.048% from the 20m section of approximately 20 meters from the roads near the Bupyeong-gu Incheon Bupyeong-gu B apartment drinking to the roads front of the DNA in the same Gu C.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to notification of reports on the state of state of drinking drivers, and regulations on drinking driving;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do144, Apr. 2, 201);
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 requires severe punishment on the grounds that the crime of driving under influence of alcohol is likely to harm the life and body of others as well as himself/herself. The revised Road Traffic Act strengthens the statutory punishment, has the record of being punished for the same kind of crime, and on the other hand, the defendant shows his/her attitude of reflecting the criminal act in this case, such as drinking level at the time the crime in this case was discovered, drinking level at the time of detection of the crime in this case, and all the sentencing conditions as shown in the records and arguments, such as the defendant's age, character and behavior, family relationship, family environment, motive and means of the crime in this case