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Defendant shall be punished by a fine of KRW 8,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Power] On April 23, 2014, the Defendant was issued a summary order of KRW 4 million by the Suwon District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On June 28, 2019, at around 02:45, the Defendant driven a FTbluri car at approximately 1 km from the front of C in eth to the front of E located in D, while under the influence of alcohol of 0.162% of blood alcohol level.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of Acts and subordinate statutes of one copy of a summary order;
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) 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. Taking into account the legislative intent of the Road Traffic Act, which amended the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, strengthens criminal punishment by raising the statutory penalty for drunk driving, and the fact that the defendant has the record of criminal punishment for drunk driving in 2014, the nature of such crime is somewhat less.
The punishment shall be determined as ordered by taking into account the following circumstances: (a) the defendant is led to confession and reflect; (b) the defendant has no previous record other than the above previous record; and (c) the defendant's age, attitude, environment, circumstances, circumstances after the crime; and (d) various conditions of sentencing as shown in pleadings.