도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On October 30, 2019, at around 05:54, the Defendant driven a DNA cargo vehicle under the influence of alcohol level of about 0.058% in a section of about 1km from the front side of the Yandong-gu, Ansan-si to the front side of C in Ansan-si, Ansan-si.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and application of Acts and subordinate statutes to the investigation report (report on the circumstances of drinking drivers);
1. Article 148-2(2)3 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); 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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, Defendant’s age, character and conduct, environment, motive and background of the crime, circumstances after the crime, blood alcohol concentration level after the crime, the distance of drunk driving, and the time interval between the crime of drunk driving and the crime of drunk driving.
The circumstances that the drinking driving is disadvantageous: the crime that may cause serious damage to another person's life, body, and property and that the defendant has been punished twice due to the drinking driving in 203 and 2017, and the circumstances that are favorable to the fact that the defendant has engaged in the drinking driving at the same time despite the fact that the defendant had been punished twice due to the drinking driving in 2003 and 2017: The defendant recognized the crime and made the mistake; the accident due to the drinking driving did not occur; the defendant was made to the drinking driving at the latest and at the late night, and there are some circumstances that are to be taken into account in the circumstances; the blood alcohol concentration level was not high.