도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 14,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[Criminal Power] On February 14, 2020, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act at the Suwon District Court.
【Criminal Facts】
On August 27, 2020, the Defendant was under the influence of alcohol of 0.104% of blood alcohol concentration at around 22:40 on August 27, 202, and was driving B SP vehicle at a approximately 7km section from the roads located in the Gung-gu, Gung-gu, Gung-si to the main population of 1194, to the main population of GY-si.
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 for judgment: Application of one copy of the statement of criminal history records, and one copy of the 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 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed an offense in a short period, despite having a record of punishment of a fine due to driving at the beginning of the year 2020. In light of the drinking volume, weather, reported contents, etc. at the time of the instant case, the risk of the occurrence of an accident was
In this context, considering the purpose of the amendment of the statutory penalty, the quality of the defendant's crime is not weak.
However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction other than the above previous one, and the fact that the accident does not lead to the accident, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, developments and distance, blood alcohol concentration level, circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments, such as the situation after the crime.