도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
[criminal power] On February 15, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Incheon District Court's Vice-Support on February 15, 2008, and a summary order of KRW 2 million for the same crime in the same court on January 20, 2009, respectively.
【Criminal Facts】
On April 21, 2020, at around 01:25, the Defendant, while under the influence of alcohol of approximately 10 meters from the ground parking lot B in Seongbuk-gu, Sungnam-si to the ground parking lot B, he was in violation of Article 44(1) of the Road Traffic Act by driving CNs car at least twice under the influence of alcohol concentration of about 0.06%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, reply reports on criminal records, previous dispositions, and reports on results of confirmation (a copy of summary order attached);
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 was that the Defendant had been punished for drunk driving, but again committed the instant crime of drinking driving.
However, the previous convictions in 2008 and 2009, the defendant did not repeat for a considerable period of time, the drinking value of this case is not high, and the driving distance is short.
In addition, there are circumstances that can be considered in the background of crimes and the circumstances after crimes.
In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive and means of crime, etc. of the accused, shall be determined as ordered.