도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On November 15, 2018, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act from the Cheongju District Court on November 15, 2018.
On July 18, 2019, the Defendant was under the influence of alcohol of 0.069% with blood alcohol concentration around 04:00, and the Defendant was driving a EKanche vehicle at approximately approximately 500 meters from the Do in front of the “C” restaurant in the vicinity of the Sejong B apartment to the Class D intersection.
As a result, the defendant violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Report on the circumstantial statement of a drinking driver, copy of the usage register of a drinking measuring instrument, list of 112 reported cases, investigation reports (with respect to control details), field photographs, carving, and inquiry into the results of the regulation of drinking driving;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);
1. Relevant provisions of the Road Traffic Act concerning the facts constituting a crime and Articles 148 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
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 provisional payment order is as stated in the first head of the crime in which the defendant was sentenced to a fine in November 2018, as stated in the judgment of the court below, and the nature of the crime and the circumstances of the crime in this case are not less complicated. However, the defendant did not have any record of punishment except the above fine and recognized the crime, and the defendant could have known through the pleadings of this case, such as drinking alcohol, character, age and environment of the defendant, etc., shall be determined by taking into consideration the following circumstances: