도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 15,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On July 23, 2009, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act from the Daegu District Court, and on November 17, 2017, the Defendant received a summary order of KRW 4.5 million for the same crime in the same court.
On September 12, 2020, the Defendant driven around 00:42, the blood alcohol concentration of 0.132% on September 12, 202, the Defendant driven approximately KRW 4.5km from the front day of Busan City to the front day of Busan City, the Defendant driven the D 3 cargo vehicles with a volume of KRW 4.5km from the front day of Busan Metropolitan City.
Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, report on internal history as a result of the crackdown on drinking driving, investigation report, site photographs, and caps of black stuff images;
1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes governing summary orders;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing order under Article 334(1) of the Criminal Procedure Act is based on the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and various conditions of sentencing as ordered.
Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.
In 2017, the crime of this case was committed even though there was a record of punishment for the crime of drinking driving.
The blood alcohol concentration is also very high at the time of crime.
The favorable circumstances: Recognizing the crime, it is against the law.
Personal and material damage, such as traffic accidents, did not occur.