도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 15,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[Criminal Power] On October 31, 2017, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment with labor for a violation of the Road Traffic Act at the Suwon District Court.
【Criminal Facts】
On September 14, 2020, at around 09:27, the Defendant driven a vehicle Ei40 Salon under the influence of alcohol concentration of about 0.151% in the section of approximately 7.3km from the parking lot for the “Seong City B apartment” to the road of the “D University” located in the same city C.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
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 of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;
1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), 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 sentence as ordered shall be determined by comprehensively taking into account the following factors: (a) the fact that the person was sentenced to a suspended sentence of imprisonment due to a drunk driving; (b) the blood alcohol concentration at the time of the instant case was high; and (c) the risk of the occurrence of an accident was emphasized on the road due to a locking on the road; (d) the confession and reflect was made; (e) there was no previous conviction other than the above previous one; (e) the Defendant’s age, attitude, environment, background, means, and consequence of the crime; and (e) the various conditions of punishment as shown in the records