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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[criminal power] On September 7, 2007, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court due to the violation of the Road Traffic Act (driving).
【Criminal Facts】
On January 22, 2020, at around 09:56, the Defendant driven a E-high vehicle in the state of alcohol alcohol concentration of about 0.047% from the front line of the dwelling in Yangyang-gun B to the front line of the D Elementary School in Innju City C.
As a result, the defendant, despite the fact that he violated the prohibition of drinking driving, has driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report, and notification of the results of the control of driving under the influence of alcohol;
1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes of each 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 53 and 55 (1) 6 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, even though he/she had a record of drinking alcohol driving, re-driving
However, the defendant's blood alcohol concentration was relatively low at the time of committing the crime before 10 years.
The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.