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 May 10, 2017, the defendant was issued a summary order of KRW 3 million for the violation of the Road Traffic Act in the Jeonju District Court's military mountain support on May 10, 201.
Nevertheless, at around 22:47 on November 27, 2019, the Defendant driven the E K5 car at a cafeteria near the G Hospital located in G in G in G in G in G in terms of the influence of alcohol of 0.173%, from about 5km to D in Osan-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Records of judgment: Application of second-class Acts and subordinate statutes to criminal records, reply reports, and summary orders;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (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 of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is that the defendant, who has a record of driving a drunk, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but the result of the blood alcohol concentration due to drinking in this case is higher.
The Defendant, who was punished as a drunk driving in May 2017, has not passed three years since he was punished as a drunk driving, and was re-driving the instant drunk driving, so there is a lot of possibility of criticism.
However, in light of the fact that the defendant recognized the crime of this case and divided his mistake, the punishment as ordered shall be determined by taking into account the various circumstances such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence, and the circumstances after the crime.