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 October 19, 2012, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch.
around 22:45 on May 26, 2020, the Defendant operated a Kaz car in the state of alcohol with approximately 0.07% of blood alcohol concentration from the C parking lot located in Seocheon-si B to D in front of the same city.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. For the accused's statutory statements, driving licenses, reports on his state of standing and statement, and previous records indicated as a result of the control of drinking driving: Application of criminal records, inquiry records, and copies of written judgments;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.
The reason for sentencing was that the defendant had a criminal record for the same kind of crime, and the responsibility for the crime is heavy.
Drinking driving is a crime threatening to the life and body of himself/herself and others, and it is necessary to take into account social danger and harm.
The current Road Traffic Act has greatly strengthened the control standards and statutory punishment due to the social request to eradicate the harm of drinking driving.
However, considering favorable circumstances, such as the defendant's recognition of the crime, the fact that the level of drinking alcohol is relatively high, the specific expression that the defendant would not repeat the crime, and the fact that there is no other penal force other than the drinking prior to drinking, etc., the defendant's age, occupation, family relation, character and conduct, environment, motive leading to the crime of this case, circumstances after the crime, etc., and all the sentencing factors revealed in the trial process, the punishment shall be mitigated by taking account of the defendant's age, occupation, family relation, personality and conduct, environment, motive leading to the crime of this case, circumstance after the crime, etc