도로교통법위반(음주운전)
Defendant shall be punished by a fine of 12 million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
[criminal power] On December 4, 2009, the Defendant issued a summary order of KRW 3 million at the Seoul Eastern District Court for the crime of violation of the Road Traffic Act (driving) and a summary order of KRW 3 million at the same court on September 20, 201 as the same crime.
【Criminal Facts】
On April 19, 2020, the Defendant driven DMW420 vehicles while under the influence of alcohol content of about 0.134% in the section of approximately 200 meters from the Gangnam-gu Seoul to the front of Seoul Gangnam-gu apartment.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving results;
1. Report on the circumstances of an employee;
1. Previous records of judgment: Criminal records, inquiry reports, investigation status (Attachment to the same criminal records), and application of respective statutes of judgment;
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 provisional payment order is that the defendant had a record of being punished for drunk driving around around 2009 and around 2011, the defendant was driving the instant drinking, and the blood alcohol concentration was considerably high, and the responsibility for the crime is heavy.
However, in full view of all the circumstances, including the fact that the defendant's mistake is recognized, the driving distance is relatively short, the occurrence of a traffic accident does not lead to the driving under the influence of alcohol in this case, and the driving under the influence of alcohol in this case was conducted after a considerable period of time from the previous crime of the driving under the influence of alcohol in this case, the defendant's age, environment, occupation, family relationship, circumstances after the crime, etc., and other conditions of sentencing as shown in the record, the sentence shall