Text
Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On January 14, 2011, the Defendant was issued a summary order of KRW 5 million by the Incheon District Court due to a crime of violation of the Road Traffic Act.
On September 23, 2019, at around 19:11, the Defendant driven CT 100 Oralba on a section of approximately 1.5 km from the front of B to the front of the middle-dong, which is located in the middle-dong, a resident in the middle-dong, in a state under the influence of alcohol content of 0.127%.
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. A report on the actual state of the driver;
1. Application of Acts and subordinate statutes to notify the results of drinking driving control;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 201; Decision 201Da1148, Apr. 2, 201);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;