도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[criminal history] On April 8, 2016, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) in the Goyang Branch of the Jung-gu District Court.
[Criminal facts] On October 25, 2020, the Defendant driven a CKan-Pack vehicle under the influence of alcohol content of about 0.101% from the 2km section from the roads near Kimpo-si, Kimpo-si, Kimpo-si, to the roads near the 5th class of the same gold light frequency.
Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice.
Summary of Evidence
1. In the case of the accused's legal statement, the statement of the situation of the driver who was placed in the police interrogation protocol, the report of the state of his driving, the driver's license register of the motor vehicle that was inquired of the results of crackdown on the driving of alcohol, the next inquiry, and the investigation report of mandatory insurance (the situation of the driver who was placed in the police): The inquiry of the criminal history, the investigation report (the confirmation of the previous record), the results of crackdown on driving of alcohol,
1. Relevant legal provisions on criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act (the point of drinking), the choice of a fine (the Defendant was sentenced to a fine of one million won due to driving under influence in 2010, and a fine of two million won due to driving under influence in 2016, but was sentenced to a fine for driving under the influence of alcohol in 2016, and thus, the risk of repeating a crime is likely. Since the instant crime is a letter of high alcohol concentration at the time of committing the instant crime, it is also inappropriate.
However, the Defendant shall be punished by a fine, taking into account the following factors: (a) the Defendant has led to the confession of all of the instant crimes; (b) the Defendant has not been subject to criminal punishment other than twice fines due to driving under drinking, and (c) the Defendant has not been punished due to driving under drinking after 2016.
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.