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
On February 13, 2018, the Defendant was issued a summary order of KRW 5 million by the Seoul Central District Court as a crime of violating the Road Traffic Act.
On November 10, 2019, the Defendant, while under the influence of alcohol of 0.123% on blood alcohol level around 06:05, driven a e-sports car from around C Station in Gangnam-gu Seoul to the same Do hotel.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notice of the results of drinking driving control, and a record of drinking measurement;
1. Control note;
1. Investigation report (report on the circumstances of an immigration driver);
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of past records, such as driving of the same kind of suspect), and application of statutes of the judgment;
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 is that the Defendant, even though he/she had a record of being punished for drunk driving on February 2, 2018, drives the instant drinking and the blood alcohol concentration is considerably high. In light of the fact that the responsibility for the offense is not easy.
However, the sentencing conditions indicated in the records of the instant case, including the Defendant’s age, environment, occupation, circumstances after the commission of the crime, etc., are considered as follows: (a) the Defendant’s mistake, the distance of drinking driving is relatively short; and (b) the occurrence of traffic accidents due to drinking driving of the instant case does not lead to the occurrence of traffic accidents; and (c) the Defendant’s age, environment, occupation, circumstances