도로교통법위반(음주운전)등
Defendant shall be punished by a fine of 20 million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
[Criminal Power] On November 21, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act, and on December 11, 2018, the Defendant was sentenced to a suspended sentence of two years in August.
【Criminal Facts】
On August 16, 2019, at around 00:32, the Defendant, despite the record of the violation of alcohol driving, driven a D 5 vehicle while under the influence of alcohol alcohol level of about 0.151% without obtaining a driver’s license from around 3km section of approximately 0.151% of alcohol level at around 0.151 meters from the water resources construction site located in Sinsi-dong 1633, Sinsiri-si, Singu.
Accordingly, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A written appraisal of alcohol during blood;
1. The driver's license ledger;
1. Previous records of judgment: Application of Acts and subordinate statutes, such as inquiries about criminal records, written judgments, and summary orders;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order has the record of being punished for drinking and driving without a license.
Even if a person causes an accident due to drinking driving, he/she is again sentenced to a suspended sentence while driving under the influence of alcohol, it is doubtful that he/she will comply with the traffic laws and regulations.
However, there are also circumstances such as the fact that there are no other criminal force except traffic crimes, the first one among the two drinking driving force is prior to more than 10 years, and that there are many errors through detention.