도로교통법위반(음주운전)
Defendant shall be punished by a fine of KRW 15,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On December 4, 2006, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Hongsung Branch of Daejeon District Court on December 4, 2006.
On August 12, 2019, the Defendant driven an E300 benz car from around 500 meters to the “D” road in front of the Seo-gu Gwangju B hotel, while under the influence of alcohol of 0.212% of alcohol content, and from around 500 meters to the “D” road in C.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial statement of the driver and the report on internal investigation (the report on the circumstances of the driver);
1. Previous convictions in judgment: To refer to inquiries and apply Acts and subordinate statutes of a summary order;
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;
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 order of provisional payment is that the defendant, even though 0.102% had already been punished for a drunk driving, he or she is criticized that he or she engaged in a drunk driving and the blood alcohol concentration is also high.
However, a fine shall be selected in consideration of the fact that the defendant has no previous conviction, as well as the previous conviction due to a drunk driving, and that the previous conviction due to the above drunk driving was a relatively old one in 2006, and that the defendant is willing not to drive under the influence of alcohol again while he has seriously reflected, etc.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the motive for drinking driving, the place and distance where drinking is conducted, the blood alcohol concentration (0.212%) and other circumstances after committing the crime, the defendant's age, character and conduct, the environment, and other various circumstances that are conditions for sentencing.