도로교통법위반(음주운전)
Defendant shall be punished by a fine of 11,000,000 won.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[Criminal Power] On February 7, 2013, the Defendant was issued a summary order of KRW 2,00,000 as a crime of violation of the Road Traffic Act by this court.
【Criminal Facts】
At around 22:50 on May 6, 2020, the Defendant driven DK9 car while under the influence of alcohol level of about 0.135% in the section of approximately 600 meters from the front of Gangnam-gu Seoul to the front of the same Gu C.
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 statements of a drinking driver, and notification of the result of crackdown on drinking driving;
1. Control note;
1. Investigation report (report on the circumstances of an immigration driver);
1. Previous records before ruling: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. In light of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the applicable sentencing range] 10,000,000 won or more from 20,000 won to 100,000 won (Pronouncement decision] fine 11,00,000 won or more, the Defendant already committed the instant drinking driving even though he had the record of criminal punishment due to drunk driving, and the Defendant’s criminal liability is considerably less than that of blood alcohol concentration.
However, in light of the fact that the defendant shouldered and reflected his mistake, the fact that the drinking driving of this case does not lead to the occurrence of a traffic accident, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, character, conduct, environment, family relationship, details, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined by taking into account all the sentencing conditions specified