도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 13,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[Criminal Power] On May 23, 2011, the Defendant received a summary order of KRW 1 million from the Seoul Northern District Court as a crime of violating the Road Traffic Act (driving).
【Criminal Facts】
On January 24, 2020, the Defendant was under the influence of alcohol of 0.208% with blood alcohol concentration around 06:12, and the Defendant driven B rocketing car at the 10km section around the 178 king-ro in the vicinity of the Suwon World Cup-ro 310.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;
1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;
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. Although the Defendant had been sentenced to a fine due to drunk driving, including the previous conviction in the judgment of the court below, the Defendant had been sentenced to the punishment of the fine under Article 334(1) of the Criminal Procedure Act, the Defendant also driven the instant drunk driving at the same time, and the blood alcohol concentration level at the time was very high. Considering the risk of the occurrence of the accident and the purport of the amendment of the Act increased by the statutory penalty, the nature of the crime is not weak.
However, in consideration of the fact that the defendant is led to confession and reflect, the fact that one of the above previous departments has been relatively old, etc., the fine shall be selected by taking into account the defendant's age, attitude, environment, driving circumstances, distance, circumstances after the crime, etc., and the various sentencing conditions shown in the records and arguments shall be determined as ordered.