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 August 29, 2012, the Defendant received a summary order of KRW 1,500,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.
On October 17, 2019, at around 21:40, the Defendant driven B-low-water vehicle under the influence of alcohol with the blood alcohol concentration of about 0.085% from the front of the drinking house in which it is impossible to identify the trade name in Ulsan-gu, Ulsan-gu, Busan-do to the Taedo-ro 1, Jung-gu, Jung-gu.
Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Application of Acts and subordinate statutes of one copy of the inquiry report on criminal records, etc., investigation report (Attachment to a summary order of the same kind of power), and summary order;
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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.
3. Unfavorable circumstances: The defendant was punished for driving under the influence of alcohol, but again committed the crime of driving under the influence of alcohol, and considering the social harm and danger of driving under the influence of alcohol, the crime's nature is not less than that of the crime, the possibility of criticism is considerable, the distance of driving under the influence of alcohol is not less than that of the crime, and the degree of alcohol concentration in blood is not low: The defendant recognized his own crime, and the crime was committed for a long period of not less than five years after the crime of driving under the influence of alcohol, and the crime of driving under the influence of alcohol was committed under the influence of alcohol.