도로교통법위반(음주운전)
Defendant shall be punished by a fine of 11,000,000 won.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On August 13, 2014, the defendant received a disposition to forward juvenile protection cases from the Suwon District Prosecutors' Office as a crime of violation of the Road Traffic Act (Refusal of sound measurement).
At around 05:40 on April 28, 2020, the Defendant driven D Lasta car in the state of alcohol alcohol concentration of about 0.176% from the 1km section to the front road of the same city, starting from the roads near Suwon-gu Btel in Suwon-si, Suwon-si, Suwon-si, to the front road of the same city.
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the drinking driver, the report on detection of the drinking driver, and the result of the respiratory measurement;
1. Records of judgment: Application of criminal history records, inquiry reports, and investigation reports (determination to transfer the same kind of case)-related Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that 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 of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is that the defendant, who has a record of driving a drunk, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but the result of the blood alcohol concentration due to drinking in this case is higher.
However, the punishment as ordered shall be determined by taking into account the various circumstances, such as the defendant's recognition of the crime of this case and his mistake, the fact that the defendant has no record of criminal punishment yet, and the age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc., which are the conditions of sentencing as shown in the records.