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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
On November 14, 2018, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court.
On October 6, 2020, at around 23:20, the Defendant driven a FMW car under the influence of alcohol concentration of about 0.103% in the blood alcohol level from around 300 meters to the front of E located in the same Gu from the road in Gyeyang-gu Incheon Gyeyang-gu, Incheon.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. Application of a reply to inquiry, such as criminal history, and a copy of a summary order;
1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;
1. Article 53 of the Criminal Act for mitigation of small amount;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances: (a) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (b) the sentencing conditions stated in the pleadings of the instant case, such as the circumstances after the crime, shall be determined as ordered by the Criminal Procedure Act.
Unfavorable circumstances: The Defendant, even though he had a record of being punished for driving under the influence of alcohol once, was driving under the influence of alcohol.
It is a high level of alcohol concentration among the measured blood.
The favorable circumstances: There is no record of crimes other than the above crimes.