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Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On January 14, 2013, the Defendant, who was issued a summary order of 1.5 million won by a fine at the Gwangju District Court on the violation of the Road Traffic Act, was driving a motor vehicle under the influence of alcohol with approximately 0.075% of blood alcohol concentration from the front of the funeral home of the "C Hospital" located in the Busan Seo-gu, Busan, on January 22, 2020 to the front road of the Busan Seo-gu, while under the influence of alcohol concentration of about 3K meters from around 22:4, 2010.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Application of criminal records, reference reports, investigation reports, and Acts and subordinate statutes;
1. Relevant legal provisions concerning the facts of crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act, which choose the penalty;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that even though the defendant had been punished for a drunk driving, he/she again led to the instant crime, and that he/she did not lower the blood play concentration at the time of a drunk driving, etc., which are disadvantageous to the defendant.
On the other hand, the fact that the defendant recognized the crime of this case and reflected, and the defendant was punished on January 14, 2013 as stated in its reasoning, and thereafter there was no record of punishment until the crime of this case was committed, etc. are favorable to the defendant.
Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.