도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 8,000,000.
Where the above fine is not paid, 100,000 won shall be one day.
Punishment of the crime
[criminal history] On January 13, 2017, the Defendant was issued a summary order of KRW 3 million by the Incheon District Court for a crime of violating the Road Traffic Act (dacting driving).
[2] On December 6, 2020, the Defendant: (a) around 01:50 on December 6, 2020, the Defendant driven the E 7 car under the influence of alcohol concentration of about 0.103% from the 400-meter section of blood alcohol level to the “D” road located in Michuhol-gu Incheon Metropolitan City, Michuhol-gu.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. A previous conviction on a statement made under the circumstances of a driver who takes driving, or a previous conviction on the result of regulating drinking driving: A reply to inquiry, such as criminal history, and application of the same criminal history
1. Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of an alternative fine for punishment (the punishment shall be imposed by a fine by examining the past record of the same type of crime (one-time penalty), alcohol concentration during blood transfusion, the status of property, etc., and the punishment shall be mitigated as follows, in consideration of the favorable circumstances among them):
1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;