도로교통법위반(음주운전)
Defendant shall be punished by a fine of 12 million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
[Criminal Power] On February 8, 2010, the Defendant was issued a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act in the official capital support of the Daejeon District Court.
【Criminal Facts】
On May 27, 2020, at around 14:20, the Defendant driven a DN-si car under the influence of alcohol with approximately 30km alcohol level of about 0.060% in a section of about 30km from the front of the inwing-gu Office 1994 to the front of the entrance of Chigh School located in Boli-si B, Boli-si.
Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.
Summary of Evidence
1. The defendant's legal statement, the defendant's oral statement, the circumstantial statement, and the investigation report (the circumstantial report of the employer's driver);
1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
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 under Article 334(1) of the Criminal Procedure Act is that a person repeatedly commits the same kind of crime even though he/she had a record of punishment for drunk driving, and the driving distance is long, etc. is disadvantageous.
However, a fine shall be selected by taking into consideration the favorable circumstances, such as the fact that the mistake is recognized and reflected, the blood alcohol concentration is relatively high, the damage to others is not incurred to others, and the previous crime of drinking is generated before 10 years.
In addition, comprehensively taking into account the defendant's age, character and conduct, intelligence and environment, family relationship, motive, means and result of the crime, circumstances after the crime, etc., and all the sentencing factors in the trial process, the punishment as ordered shall be determined.