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 history] On May 10, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) at the Incheon District Court.
[Criminal facts] On September 22, 2020, the Defendant driven a vehicle C with a blood alcohol concentration of about 0.056% under the influence of alcohol over a section of about 1k meters from the road located in the Sig-si, Sig-si, Sig-si to the roads adjacent to B apartment.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. An inquiry and an appraisal report on the result of regulating drinking driving;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and a report on investigation (report on the same criminal records and confirmation of the suspect);
1. Article 148-2(1) and Article 44(1) of the Road Traffic Act that applies to the crime, and Articles 53 and 55(1)6 of the Criminal Act that reduces the small amount of punishment for the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the Defendant’s previous conviction for the reason of sentencing under Article 334(1) of the Criminal Procedure Act; (b) the interval between the Defendant’s previous conviction and his time and distance from the time of the instant case; (c) the driving distance of drinking; (d) the Defendant appears to reflect on the Defendant’s attitude; and (e) the Defendant’s age, sex, family relationship, occupation