도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 7,000,000.
Where a defendant fails to pay a fine, 100,000 won shall be one day.
Punishment of the crime
[criminal power] On October 27, 2006, the Defendant received a summary order of KRW 700,000 from the Busan District Court to a fine for a violation of the Road Traffic Act (driving). On June 13, 2008, a summary order of KRW 1.5 million for the same crime in the same court on June 13, 2008, and a summary order of KRW 2.5 million for the same crime in the same court on June 8, 2009, respectively.
【Criminal Facts】
On September 21, 2019, the Defendant driven a vehicle with a volume of approximately 100 meters fa-turdurd with a volume of 100 meters up to the road front of the E store located in D, while under the influence of alcohol of 0.037% of blood alcohol concentration at around 0.10%.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the control of drinking driving;
1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
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. On the grounds of sentencing under Article 334 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.
D. Unfavorable circumstances: The harmful effects of drinking driving, conditions favorable to the majority of the same criminal records (three times), etc.: The fact that the defendant repents and reflects the wrong, the fact that the blood alcohol concentration is low, and the recent records of the defendant who was punished for the same kind of crime are very old in light of 2009.