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 September 29, 2016, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On October 24, 2019, at around 21:01, the Defendant driven C rocketing car under the influence of alcohol content of about 0.059% from the 3km section from the 3km section to the road of the same Gu, which is located in the 2149, Seowon-gu, Suwon-si, Suwon-si, Suwon-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of the driver, investigation report, and records on the record of blood alcohol concentration;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records);
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
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 that the defendant was punished by a fine due to drinking driving in the case of this case. Considering the risk of the occurrence of the accident caused by this accident and the purport of the amendment of the Act increased by the statutory penalty, the nature of the crime is not weak.
However, taking into account the fact that the defendant is led to confession and reflect, that there is no previous conviction other than the above previous one, that the blood alcohol concentration has not been relatively high, and other various sentencing conditions shown in the records and arguments, such as the defendant's age, attitude, environment, developments and distance, circumstances after the crime, etc., shall be determined as ordered by the sentence.