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 power] On July 23, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Sungnam branch of Suwon District Court, and a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Sungnam branch of Suwon District Court on August 20, 2014.
【Criminal Facts】
Although the Defendant had been punished twice or more for the crime of violating the Road Traffic Act, at around December 12, 2018, the Defendant driven BK5 car while under the influence of alcohol content of about 0.104% through the section of about 2km, from the road near the gambridge located in the night-dong of Sungnam-si, Sungnam-si to the roads near the port side of the port side of the same Gu to the roads near the port side of the port side of the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the drinking driving control, and the circumstantial statement of a drinking driver;
1. Report prior to judgment: Application of criminal history records, inquiry reports (the previous records and confirmation reports to a suspect) and Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is a crime that may infringe not only the driver but also the lives and bodies of citizens who use roads.
In light of the fact that the defendant was punished for the same previous violation and again, driving again, the blood alcohol concentration is relatively high, and currently being in the period of suspension of execution due to the violation of the Credit Business Registration and Protection of Financial Users Act, etc., the nature of the crime is bad and the responsibility is heavy.
However, the sentencing factors in the records and arguments of this case, such as the defendant's age, environment, character and conduct, motive and means of crime, circumstances after crime, etc., shall be comprehensively taken into account.