도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 8,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[criminal power] On May 21, 2012, the Defendant was issued a summary order of one million won or more as a crime of violating the Road Traffic Act by the Incheon District Court, and a summary order of one million won or more as a fine in the same court was issued by the same court, respectively.
【Criminal Facts】
On April 27, 2020, at around 22:05, the Defendant driven a DNA motor vehicle under the influence of 0.089% of blood alcohol concentration on the front of the “C Licensed Real Estate Agent Office” located in the Nam-gu Incheon Metropolitan City Office, Nam-gu, Incheon, and turned down approximately 50% of alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Application of Acts and subordinate statutes on criminal records, inquiry reports, investigation status (a separate summary order attached), and 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. Article 53 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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, the sentence shall be determined as ordered in consideration of the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, etc.
The defendant was punished twice due to drunk driving, but he was involved in driving again while driving again.
A favorable condition: A person driving a vehicle in order to immediately park the vehicle after returning the vehicle through an acting driver, which has any circumstance to consider the driving circumstances and the driving distance is short.
The records of the same crime shall be eight years before the date of the crime, and there shall be no other records of the crime.