도로교통법위반(음주운전)
Defendant shall be punished by a fine of eight million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
[criminal power] On September 20, 2007, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the credit branch of Suwon District Court. On November 16, 2011, the Defendant received a summary order of KRW 1,50,000 as a fine for the same crime in the same court.
【Criminal Facts】
On March 1, 2020, at around 00:26, the Defendant driven an Esch Rexroth car at a distance of about 1km from the roads located in Echeon-si B to the front of D cafeteria in C, while under the influence of alcohol of 0.119% of blood alcohol level.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and report on the control of drinking alcohol;
1. Scenic photographs;
1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a summary order of the same kind of suspect's power attached);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;
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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the Defendant once driven alcohol again even though he had the record of drinking alcohol twice, and the blood alcohol concentration at the time was relatively high.
However, the defendant's drinking driving distance is relatively short, and the drinking driving power is 9 years prior to all.
The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.