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 12, 2012, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court.
【Criminal Facts】
At around 18:20 on July 20, 2020, the Defendant driven a FNAS car in the state of alcohol alcohol content of about 3.1km from the front side of the “C” parking lot located in Sungnam-si, Incheon-si, to the front side of the “E” road located in the same Gu D.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Report of the defendant's legal statement and the results of the crackdown on drinking driving (report on the situation of the drinking driver);
1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (Attachment of the same criminal records and summary order), and application of Acts and subordinate statutes of the summary order;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and 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 2012, and even if he had the record of being punished for driving under drinking around 2012, the blood alcohol concentration was considerably high, and the responsibility for the crime is not somewhat weak.
However, in full view of all the circumstances, including the fact that the defendant's mistake is recognized, the occurrence of the traffic accident is not led to the driving under the influence of alcohol in this case, and the driving under the influence of alcohol in this case takes place after the lapse of a considerable period from the previous crime under the influence of alcohol, and the defendant's age, environment, occupation, occupation, family relationship, circumstances after the crime, and circumstances after the crime, etc., the punishment as ordered shall