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 September 6, 2018, the Defendant received a summary order of KRW 1.5 million from the Jeju District Court as a crime of violation of the Road Traffic Act.
At around 21:00 on September 22, 2019, the Defendant driven a rocketing car with the blood alcohol concentration of 0.190% from the C elementary school parking lot located in B at Jeju to the front road of the C elementary school.
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 violation of the Road Traffic Act (driving), the report on the state of the driver, the investigation report, the report on the state of the driver, the report on the state of the driver, and related photographs;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (the criminal records before and after drinking a suspect A), and application of summary order-related Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the selection of fines for criminal facts;
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 that the crime of this case is driven in a drinking state, and the nature of the crime is not weak, the degree of taking the crime is heavy, and the defendant has recent criminal records of the same kind.
However, it is more favorable for the defendant to recognize the facts charged, the driving distance is relatively short, and the defendant has no record of criminal punishment in addition to the above facts.
In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.