도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On May 31, 2020, at around 04:15, the Defendant driven a Category C-II cargo vehicle with a blood alcohol concentration of about 0.069% in a section of about 30 meters from an on-road parking lot in front of B apartment in Namyang-si to the first floor parking lot in the above apartment complex.
Summary of Evidence
1. Court statement of the defendant (the second trial date);
1. Reporting on detection (violation of the Road Traffic Act);
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. The circumstantial statement of the employee;
1. Notification of the control of drinking driving;
1. On-site photographs and photographs;
1. Investigation report;
1. Application of Acts and subordinate statutes to investigation reports (verification of distance of driving);
1. Relevant Article of the Act and Articles 148-2 (3) 3 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) include: (a) the Defendant recognized the facts charged in the instant case and reflects his mistake; (b) the distance of the Defendant driving under the influence of alcohol was about 30 meters; and (c) the Defendant is a disabled person of Grade 6 with visual disability.
However, drinking driving requires strict punishment in consideration of the social danger and harm of the crime that threatens the life and body of himself/herself and others, and the blood alcohol concentration at the time of the crime of this case is not lower than 0.069%, and the defendant has been subject to criminal punishment on several occasions, such as depositee who was not lower than 0.069%, and the defendant is also subject to criminal punishment on the same kind of drinking driving in 2002, and one year imprisonment in 2003: Provided, That around 203, it seems that the defendant was sentenced to punishment for other concurrent crimes rather than drinking driving.
Considering the unfavorable circumstances such as the fact that there has been the power of each sentence of Eul, it is judged that the punishment of the summary order on the accused is not excessive.
The age, occupation, character and conduct, environment, family relationship, circumstances after the crime, etc. of the accused.