도로교통법위반(음주운전)
1. The defendant shall be punished by a fine of 7.5 million won;
2. If the defendant does not pay the above fine, 10,000 won.
Punishment of the crime
[Criminal Power] On November 10, 2017, the Defendant was issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act in the Busan District Court’s Busan District Court’s Branch Branch.
【Criminal Facts】
On November 14, 2019, at around 03:46, the Defendant driven a Dsch Rexton car on the road located around approximately 150 meters from the Kimpo-si B to the front of C, while under the influence of alcohol of 0.054 percent of blood alcohol level.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. Previous convictions indicated in judgment: Criminal records, inquiry reports (A), investigation reports (verification of criminal records of the same kind as a suspect), and application of Acts and subordinate statutes of a summary order;
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 of Article 334(1) of the Criminal Procedure Act of the provisional payment order is an offense that may cause serious damage to the life, body, and property of another person, and thus the corresponding punishment is needed.
In addition, even though the defendant was sentenced to a fine for a violation of the Road Traffic Act (driving) around 2017, it cannot be deemed that the defendant is less liable because he committed the same crime at once.
However, the sentencing conditions such as the defendant's character, age, motive and background of the crime, circumstances after the crime, the distance of drunk driving, and the time interval between the crime of drinking alcohol driving and the crime of drinking alcohol driving in this case shall be comprehensively taken into account.
It is so decided as per Disposition for the above reasons.