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
[Criminal Power] On December 7, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Eastern District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On June 5, 2020, at around 21:08, the Defendant driven a DNA car with a blood alcohol concentration of about 0.164% from the section of approximately 350 meters from the front of Suwon-si B to the front road of the same Gu C, while under the influence of alcohol.
Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving or refusing to measure drinking more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the state of drinking and measuring statement of a drinking driver, and a record book;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), investigation reports (same-class records), and application of Acts and subordinate statutes of one copy of summary order;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished for driving under influence of alcohol, the driving of the instant case was done under the influence of alcohol, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the Act increased by statutory penalty, the quality of the relevant crime is not weak.
However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.