도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 6,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
On August 18, 2009, the Defendant received a summary order of KRW 1 million from the Seoul Central District Court to a fine for a violation of the Road Traffic Act, and on July 1, 2010, the Defendant received a summary order of KRW 2 million from the Jung-gu District Court to a fine for a violation of the Road Traffic Act.
On June 25, 2013, the Defendant, while under the influence of alcohol at 0.207% of alcohol level around 23:40%, driven a CMW Uki vehicle from a public parking lot near the Sari Road located in Seocho-gu Seoul Metropolitan City, Seocho-gu to around 150 meters from the same 445-3rd road.
Summary of Evidence
1. Defendant's legal statement;
1. Descriptions of the blood alcohol appraisal report and the circumstantial statement report of the drinking driver;
1. Previous for judgment: Application of Acts and subordinate statutes stated in the inquiry report and investigation report, such as criminal records;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;
1. The reasons for sentencing under Articles 70 and 69(2) of the Criminal Act include not only repeating the same kind of crime in spite of the fact that the defendant had been punished twice due to drunk driving, but also repeating the same type of crime, and the current Road Traffic Act stipulates that the person who has violated the provision prohibiting drunk driving at least twice shall be punished more strictly if he/she drives under the influence of alcohol at least twice. However, the criminal liability of the defendant is not weak, but the defendant has no criminal records other than the punishment twice due to drunk driving as mentioned above, makes the confession of the crime and reflects the mistake, and does not go against the traffic accident, considering the circumstances favorable to the defendant, such as the defendant's age, character and conduct, environment, and circumstance of the crime. In addition, considering all the circumstances shown in the argument of this case, the selection of the defendant's punishment should be punished by a fine, and the amount thereof shall be determined as KRW 6 million.