도로교통법위반(음주운전)
Defendant shall be punished by a fine of 11,000,000 won.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On September 1, 2017, the Defendant received a summary order of KRW 1,50,00,000 from the Suwon District Court as a crime of violation of the Road Traffic Act.
Nevertheless, at around 06:20 on February 23, 2020, the Defendant driven a Fmari vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.093% from the upper part of the C cafeteria in Suwon-si B to the front side of the E in D.
As a result, although the defendant had a record of punishment for drunk driving, he again carried out a drunk driving and violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Traffic accident report (1) (2) , report on detection of a drinking driver, report on the circumstances of a drinking driver, and investigation report (report on the circumstances of a drinking driver);
1. Records before judgment: Criminal history records, etc. and application of one copy of a summary order;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant again committed the instant crime even though he/she had the record of being punished for a drunk driving as stated in its reasoning, and that there is no motive or circumstance to consider the commission of the instant crime is disadvantageous to the Defendant.
On the other hand, the fact that the defendant recognizes the crime of this case and that there is no record of criminal punishment except before the judgment is favorable to the defendant.
Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.