도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 13,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On February 6, 2017, the Defendant was issued a summary order of KRW 1,50,000 by the Suwon District Court as a crime of violation of the Road Traffic Act.
Nevertheless, at around 01:10 on July 14, 2020, the Defendant driven DK5 cars under the influence of alcohol with approximately 700 meters alcohol concentration of 0.134% from the 700m section from the ground parking lot in the front of the Seosung-si B apartment C to the emulscopic scopic scopic scopic scopane.
As a result, the defendant, even though he had been punished for a drunk driving, has re-driving and violated it more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of Acts and subordinate statutes of one copy of a 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. 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 of the order of provisional payment was that the Defendant had been punished by a fine due to a drunk driving, and the instant drinking driving was conducted at the same time, and the blood alcohol concentration level at the time was considerably high, and the risk of the occurrence of the accident was also high due to the locked driving.
However, considering the fact that the defendant is led to confession and reflect, that there is no previous conviction other than the above previous one, and that the accident does not lead to a multi-accident, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, circumstances of driving, distance, drinking volume, circumstances after the crime, etc., and various sentencing conditions specified in the records and arguments.