도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 13,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[Criminal Power] On March 29, 2017, the Defendant received a summary order of KRW 1,50,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act.
【Criminal Facts】
On July 3, 2020, around 00:34, the Defendant driven D SM5 car with approximately 300 meters alcohol concentration 0.195% under the influence of alcohol from Osan City to Osan City.
Accordingly, the defendant violated the regulations prohibiting drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation reports on the statement of the status of the driver and his/her statement (the results of blood appraisal);
1. Previous convictions indicated in judgment: Criminal history records, reply reports (A) and application of Acts and subordinate statutes to investigation reports;
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.
In addition, as the blood alcohol concentration at the time of driving is also high, the risk was also reasonable.
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.