도로교통법위반(음주운전)
Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On April 21, 2010, the defendant was sentenced to a fine of 15 million won for the violation of the Road Traffic Act (refluence of the measurement) in the credit support of Suwon District Court on April 21, 2010.
On December 11, 2019, while under the influence of alcohol at 0.057%, the Defendant driven an Ecopi-sports vehicle from the funeral hall of “C” to the front road of D, in a state of under the influence of alcohol at around 22:18, the Defendant driven an Ecopi-sports vehicle from around 200 meters to D.
Accordingly, the defendant was driving under drinking not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and report on the status of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);
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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
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 is that the Defendant, even though he was punished on two occasions due to the act of drinking alcohol driving or the act of refusing to measure drinking alcohol, once again driven.
However, the blood alcohol concentration at the time of crime was relatively low, and the distance of drinking driving was short.
The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.