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Defendant shall be punished by a fine of KRW 6,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On December 13, 2016, the Defendant received a summary order of KRW 3 million from the Incheon District Court as a crime of violation of the Road Traffic Act.
On April 7, 2020, at around 21:53, the Defendant driven Cubex, under the influence of alcohol content of about 0.045%, from around 1.5km to the front road of the same Gu B apartment, from the roads near the Bupyeong-gu Incheon Bupyeong-gu Bupyeong-gu, Incheon, Bupyeong-gu to the same Gu B apartment.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Reporting on the state of driving under the influence of alcohol and making a report on the control of drinking driving;
1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, results of confirmation, and Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
1. Articles 53 and 55 (1) 3 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 with regard to a provisional payment order is that the Defendant re-driving a motor vehicle even though he/she had recently been punished once due to drinking driving.
However, taking into account the favorable factors such as the fact that the vehicle is disposed of and again does not drive under the influence of alcohol, the fact that there is no record of being sentenced to a fine or more, the measured blood alcohol concentration is close to the lowest limit, and the other factors of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, as well as the environment, shall be determined like the order.