도로교통법위반(음주운전)
Defendant shall be punished by a fine of 12,000,000 won.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[criminal power] On June 30, 2017, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Ansan Branch of the Suwon District Court on the grounds of the violation of the Road Traffic Act (driving). On October 11, 2019, the Defendant was sentenced to two years of suspension of execution on October 19, 2019 and the judgment became final and conclusive on October 19, 2019. On November 8, 2019, the Defendant was sentenced to one year of suspension of execution for four months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Ansan Branch of the Suwon District Court on the grounds of the violation of the Road Traffic Act (hereinafter referred to as the “Aggravated branch”). The judgment became final and conclusive on November 16, 2019.
【Criminal Facts】
On August 4, 2020, the Defendant was under the influence of alcohol of 0.061% of blood alcohol concentration at around 01:29, the Defendant driven a FK5 car at a section of about 400 meters from the underground parking lot of CPC bank building in Silung City B to the Eju point in the same city D.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Investigation report on the defendant's legal statement (report on the circumstances of the driver), and photographs of the control site of the drunk;
1. Previous records: Application of inquiry statements, investigation reports, and Acts and subordinate statutes, such as criminal records;
1. Relevant statutory provisions concerning the facts of crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a penalty (the election of a fine: consideration shall be given to the latest same kind of power in the past and the crimes during the period of suspension of this species of stay, the degree of blood alcohol level is not relatively high, and the reflection thereof, etc.); and
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;