도로교통법위반(음주운전)
Defendant shall be punished by a fine of 12,000,000 won.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On July 16, 2008, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) in the Western Branch Branch of the Daegu District Court on July 16, 2008, and a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act (driving) in the Western Branch of the Daegu District Court on December 29, 2008.
On October 9, 2019, at around 00:55, the Defendant driven an Efluor vehicle under the influence of alcohol with approximately 40 meters alcohol concentration of about 0.153% from the 40m section, from the west-gu, Seogu, Seogu to the D Jeongmun-gu, Seogu, Seogu.
Accordingly, the defendant was driving under drinking not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the arrest of the case, inquiry into the results of the crackdown on drinking driving and control, and a report on the situation of the drinking driver;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime even though he/she had been punished three times by a fine due to a drunk driving, and the fact that drinking water is high is disadvantageous.
However, the punishment as ordered shall be determined in consideration of all kinds of sentencing conditions shown in the arguments of this case, such as the defendant's confession and mistake, the fact that there was no record of punishment after around 2008, the distance of drinking driving is short, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime.