도로교통법위반(음주운전)
Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On June 27, 2008, the Defendant was issued a summary order of one million won or more as a crime of violating the Road Traffic Act (drinking driving), and a summary order of one million won or more as a crime of violating the Road Traffic Act (don October 10, 2008) from the Suwon Flag Flag method Board. < Amended by Act No. 910, Oct. 10, 2008>
On May 28, 2017, at around 22:50, the Defendant driven B car with alcohol content of about 500 meters in the direction of alcohol 0.095% in blood, from the road near the Agricultural and Fishery Products Market in Suwon-gu, Suwon-si to the road front of the Seoul Arts Center.
As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of records of drinking alcohol measurement and the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Written inquiry about criminal history, etc.;
1. Application of Acts and subordinate statutes to investigation reports (Attachment of the previous summary order);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) comprehensively taking into account the following circumstances; (b) the Defendant’s age, family relation, sexual conduct, environment; (c) motive and background of the crime; (d) the means and method of the crime; and (e) the circumstances after the crime, etc., the punishment is determined as ordered.
[ favorable circumstances] The Defendant: (a) led to the confession of the instant crime and recognized his mistake; (b) the Defendant’s blood alcohol concentration was not high; (c) the Defendant did not cause other damage, such as traffic accidents; (d) there was no history of punishment exceeding a fine; and (c) there was no special criminal record after around 2008.
The crime of this case is likely to be punished twice due to drinking, even though the defendant had been punished twice due to drinking.