도로교통법위반(음주운전)
Defendant shall be punished by a fine of 11,000,000 won.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[Criminal Power] On December 26, 2013, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On July 18, 2019, at around 04:02, the Defendant driven CK5 car at a approximately 5km section from the front to the front road of the Suwon-dong New Galul-dong Intersection Intersection 133% under the influence of alcohol with a blood alcohol concentration of 0.13%.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Notice of the results of drinking driving control, and output of measurement results;
1. On-site photographs;
1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (verification of the same record as a suspect), and application of one copy of the 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 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 a drunk driving, and since June 25, 2019, the penal provision for a drunk driving was strengthened, and the defendant was also able to easily understand the above circumstances through the media, etc., and there is a need for strict punishment in that he/she was a drunk driving.
However, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant recognized the instant crime and divided his mistake; the Defendant has no record of punishment in excess of the fine yet; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the conditions of sentencing indicated in the record, such as the circumstances after the crime, etc.