도로교통법위반(음주운전)
1. The defendant shall be punished by a fine of eight million won;
2. If the defendant does not pay the above fine, 10,000 won.
Punishment of the crime
[Criminal Power] On November 6, 2014, the Defendant was issued a summary order of KRW 3 million at the Seoul Southern District Court as a crime of violation of the Road Traffic Act.
【Criminal Facts】
On November 27, 2019, the Defendant, while under the influence of alcohol at 01:17% of blood alcohol concentration, driven a restaurant in front of the restaurant where the trade name in the upper east-gu, Seocheon-si cannot be known, Seocheon-si, and operated a C low-priced vehicle from around 300 meters to the front road of the same city.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. Previous convictions indicated in judgment: References to criminal records and inquiry reports (A) and application of Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;
1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
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 an offense that may cause serious damage to the life, body, and property of another person, and thus the corresponding punishment is needed.
In addition, even though the defendant was sentenced to a fine for a violation of the Road Traffic Act (driving) around 2014, the defendant has committed the same crime at once, so it cannot be deemed that he is less liable.
However, the sentencing conditions such as the character and conduct, age, motive and background of the crime, circumstances after the crime, blood alcohol concentration level, the distance of drunk driving, the distance of time between the crime of this case and the distance between the crime of drinking alcohol driving and the crime of this case, which can be known through pleadings and arguments, shall be comprehensively taken into account.
It is so decided as per Disposition for the above reasons.