도로교통법위반(음주운전)
Defendant shall be punished by a fine of 12,000,000 won.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. On August 8, 2016, the Defendant was issued a summary order of KRW 5 million by the Incheon District Court for a crime of violating the Road Traffic Act.
2. Around 00:10 on July 10, 2020, the Defendant driven an Ecelltop car from the front Do of “C” located in Seo-gu Incheon, Seo-gu, Incheon to the road located in Seo-gu, Incheon, Seo-gu, Incheon, with a level of alcohol content of 0.168%.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Report on the defendant's legal statement, the results of the drinking driving control, and the circumstantial statement of the drinking driver;
1. Previous records: Criminal records, inquiry reports, and the application of the same criminal records-related 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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The defendant, even though he was punished by a fine due to drunk driving, has been driving in the state of high blood alcohol concentration of 0.168% at the time, and the crime is not good in light of the social harm of drunk driving and the purpose of revision of the Road Traffic Act.
A favorable circumstances: The defendant recognizes a crime.
The occurrence of a traffic accident has not occurred.
There shall be no electricity exceeding a fine.
Based on the above circumstances, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, driving distance, and the details of the crime in the same kind of power as the order shall be determined in consideration of all the sentencing conditions shown in the records of this case.