도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
[Criminal Power] On October 6, 2010, the Defendant was sentenced to a fine of KRW 2 million by the Seoul Southern District Court as a crime of violation of the Road Traffic Act.
【Criminal Facts】
At around 22:56 October 7, 2020, the Defendant driven D Spon EFV car while under the influence of alcohol concentration of about 0.290% at approximately 5.9 kilometers from Yongsan-gu Seoul to front roads of Dongjak-gu Seoul Metropolitan Government.
Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol not less than twice.
Summary of Evidence
1. A criminal defendant's report on his/her legal statement, pulmonology measurement records (a report on the main driver's circumstances);
1. Previous records: Results of inquiry, results of investigation report (Attachment of the same type of suspect's decisions), application of Acts and subordinate statutes of one written judgment;
1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment was that the defendant had been punished for driving under drinking around 2010, and even if he had the record of being punished for driving under drinking around 2010, the blood alcohol concentration was very high, and the responsibility for the crime is not somewhat weak.
However, it is against the defendant's wrong recognition of his own mistake, the driving of this case takes place after the lapse of a long period from the previous crime of drinking driving, and the fact that the defendant would not repeat again while disposing of the vehicle provided for the crime of this case, and other various circumstances, including the defendant's age, environment, occupation, family relationship, circumstances after the crime, and circumstances after the crime, etc., shall be determined as the sentence as per the disposition.