도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[criminal power] On Aug. 13, 2009, the defendant was sentenced to imprisonment for 4 months or 2 years of suspension of execution due to a violation of the Road Traffic Act (driving). On Mar. 5, 2009, the same court received a summary order of 3.5 million won as a fine for a violation of the Road Traffic Act (driving). On Dec. 31, 2008, the same court issued a summary order of 3 million won as a fine for a violation of the Road Traffic Act (driving). On Jun. 5, 2008, the same court received a summary order of 1 million won as a fine for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On March 21, 2014, at around 22:40, the Defendant driven a motor vehicle with the highest alcohol level of about 800 meters from the front side of the Goamam-dong in Yangju to the Seonam-dong Seodong Seo-dong Seo-dong, Yangju-si, under the influence of alcohol level of 0.076%.
As a result, the defendant was punished more than twice due to drinking driving, and driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Reporting on the state of driving under the influence of alcohol and making a report on the control of drinking driving;
1. Previous convictions in judgment: Application of a reply to criminal records and an investigation report (Attachment to judgment, etc.);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is deemed to have the history of having been punished several times for the same kind of drunk driving crime, but on the other hand, the defendant confessions and reflects the depth of the instant crime, each crime of violation of the Road Traffic Act, which was punished by a fine among the Defendant’s past drunk driving criminal records, constitutes a crime before the judgment of the suspended sentence of imprisonment became final and conclusive, and the instant crime was committed at the time of five years after the judgment of the suspended sentence became final and conclusive.