도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
[Criminal Power] On December 2, 2015, the Defendant was issued a summary order of KRW 5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On December 12, 2019, at around 00:06, the Defendant driven an E-Appurt Transport Vehicle from the front of the Young-gu apartment site B in Suwon-si to the front of the D, located in the same Gu C, with approximately 1.5km alcohol concentration of about 0.076% under the influence of alcohol.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Notification of the control of drinking driving;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same attached power);
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 fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order committed a second offense despite the fact that the defendant had been punished once due to drunk driving, etc. is disadvantageous to the defendant. Meanwhile, the fact that the defendant recognized the crime and is contrary to the truth, the traffic accident does not occur, the criminal record of the above drunk driving is the criminal record of a fine, and there is no particular criminal record, and the fact that the blood alcohol level is low shall be considered as favorable to the defendant, taking into account the circumstances favorable to the defendant, and taking into account all other sentencing conditions in the records of this case.