도로교통법위반(음주운전)
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On October 30, 2012, the defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act in the credit branch of Suwon District Court on October 30, 2012.
On January 3, 2020, at around 21:47, the Defendant driven a e-learning vehicle under the influence of alcohol content of about 0.040% from around 600 meters to the front road of the same time as the C Station located in Ischeon-si B.
As a result, the defendant, despite the fact that he violated the prohibition of drinking driving, has driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the crackdown on driving under the influence of alcohol;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes on criminal records, investigation reports (verification of suspect A-like records);
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 of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the Defendant, even though he/she had a record of drinking alcohol driving, re-driving
However, at the time of crime, the blood alcohol concentration of the defendant was relatively low, and the distance of drinking driving is also 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.