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
[Criminal Power] The Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Suwon District Court on June 10, 2014.
【Criminal Facts】
On November 16, 2019, the Defendant driven a Fpoter cargo vehicle owned by the Defendant from the front road of the Suwon-gu Residents' Center B located in Suwon-si to the front road located in the same Gu from around 800 meters away from the blood alcohol concentration of 0.045% under the influence of alcohol even though he/she had a drinking record on November 16, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Notification of the results of blood collection control;
1. A written appraisal of blood alcohol;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
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) 3 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 fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order committed a second offense despite the fact that the defendant had been punished once due to drunk driving, etc. is disadvantageous to the defendant. Meanwhile, the fact that the defendant recognizes and reflects the crime, the traffic accident does not occur, the criminal record of the above drinking driving is the previous conviction of a fine, the fact that there is no particular criminal record, the blood alcohol concentration is low, and the fact that the defendant appears to be a night driving is considered as favorable to the defendant, and all other sentencing conditions in the records of this case are considered in consideration of the circumstances favorable to the defendant.