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 August 4, 2014, the Defendant was issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act in the credit support of Suwon District Court on August 4, 2014.
On November 2, 2019, at around 16:15, the Defendant driven a DSS6 car while under the influence of alcohol leveling 0.036% in the section of approximately 18km of blood alcohol level from the front parking lot of Leecheon-si to the front road of Tonju City.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' state statement, investigation report (report on the state of drinking drivers), report on the state of drinking driving, and inquiry into the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Criminal history records, repeated statements, previous records of disposition, results of confirmation, and the application of Acts and subordinate statutes attached to summary orders;
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 history of drinking driving once, re-driving.
However, at the time of drunk driving, the blood alcohol concentration of the defendant was relatively low.
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.