도로교통법위반(음주운전)
Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
[Criminal Power] On November 12, 2013, the Defendant was issued a summary order of KRW 5 million at the Busan District Court due to a violation of the Road Traffic Act (driving).
【Criminal Facts】
On June 29, 2019, at around 06:03, the Defendant driven a D car from about 10km to the road located in Gangseo-gu Busan Metropolitan City, Gangseo-gu, Busan Metropolitan City (hereinafter referred to as the “C”), while under the influence of alcohol with a blood alcohol concentration of 0.043%.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. A report on the actual state of the driver;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of sound driving);
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 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of being punished for driving under the influence of alcohol on one occasion. However, the fact that the blood alcohol concentration is low, that there are circumstances to be considered in light of the situation when working in the course of the drinking control, that there is no record of criminal punishment exceeding the fine, and that there is no other record of criminal punishment in light of the defendant's age, character, conduct, environment, etc., and the amount of the fine as stated in the order shall be determined within the scope of discretionary mitigation.