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
On August 23, 2016, the Defendant was issued a summary order of a fine of KRW 4 million for the crime of violating the Road Traffic Act in the Changwon District Court’s territorial branch on August 23, 2016.
On July 9, 2019, at around 07:00, the Defendant driven a DM7 car under the influence of alcohol concentration of about 0.048% from the section of approximately 1.5 km from the front of the B apartment in through Young-si to the coast of the C apartment in through Young-si.
As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the Road Traffic Act not less than 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 the control of drinking driving;
1. Records before judgment: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act takes into account the blood alcohol concentration and the Defendant’s previous conviction as major sentencing factors. The blood alcohol concentration (0.048%) was included in the subject of punishment pursuant to the revised Road Traffic Act, which took effect on June 25, 2019, the two weeks prior to the instant crime, and the Defendant recognized his mistake and again committed a very difficult working life without preventing the same mistake. In addition, the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, the circumstances after the crime, etc., shall be comprehensively taken into account, and the sentence shall be determined as ordered by the disposition of the fine.