도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[Criminal Power] On February 1, 2008, the Defendant received a summary order of KRW 3,50,000 from the Suwon District Court to a fine for the violation of the Road Traffic Act.
【Criminal Facts】
On July 2, 2020, at around 23:10, the Defendant driven C’s car under the influence of alcohol with a blood alcohol concentration of about 0.058% from the 4km section to the roads in front of Suwon-si, Suwon-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
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. Inquiry into the enemy;
1. Previous records: Criminal records, etc. inquiry reports and application of summary order-related Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;
1. Article 53 and Article 55 (1) 6 of the Discretionary Mitigation and Mitigation Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):
1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant again committed the instant crime even though he/she had the record of being punished for a drunk driving as stated in its reasoning, and that there is no motive or circumstance to consider the commission of the instant crime is disadvantageous to the Defendant.
On the other hand, the fact that the defendant recognized the crime of this case, the defendant scrapped the vehicle used for the crime of this case, etc., and that the defendant's blood alcohol concentration at the time of the crime of this case is relatively low, and that the defendant was punished for drinking driving in 2008, and that there was no record of punishment for drinking driving for not less than 10 years until the crime of this case is committed is favorable to the defendant.
In addition, records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc.