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 13, 2018, the Defendant was issued a summary order of KRW 5 million by the Gwangju District Court due to a crime of violating the Road Traffic Act.
On October 26, 2020, the Defendant driven an Einti vehicle from the Seo-gu Seoul Seo-gu Underground Parking Site with a alcohol level of 0.043% from around 22:15, to the “D” road located in Gwangju Mine-gu C, while under the influence of alcohol leveling to 0.043% during alcohol level.
Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;
1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;
1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, was punished for drinking, etc. in 2018, once again driving under the influence of alcohol.
In addition, the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Gwangju District Court on April 3, 2019 and was sentenced to imprisonment with prison labor on July 31, 2020, and did not know even after the execution of the sentence was completed, and committed the instant crime, so there is a high possibility of criticism.
However, considering the fact that the defendant's mistake is recognized and reflected, and the crime of this case occurred in the course of leaving a female-friendly room which brought about a sudden pain to a hospital, and there are some circumstances to consider the circumstances, such as the drinking water of this case was no higher than other cases, and the defendant has no power to be punished for drinking, it is judged that it is harsh to select and sentence imprisonment with prison labor for the defendant, and thus, a fine is imposed on the defendant.
The amount of fine is the above factors of sentencing.