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Defendant shall be punished by a fine not exceeding ten million won.
When the accused does not pay a fine, 100,000 won shall be converted into one day.
Reasons
Punishment of the crime
On April 1, 2015, the Defendant was issued a summary order of KRW 1 million by the Seoul Western District Court as a crime of violating the Road Traffic Act, and a summary order of KRW 4 million by the Seoul Northern District Court as a violation of the Road Traffic Act on July 20, 2016, respectively.
On April 16, 2019, at around 01:59, the Defendant driven a C-car under the influence of alcohol concentration of approximately 10 meters on the front road B in Gwangjin-gu Seoul Special Metropolitan City.
Therefore, although the defendant had been punished for the violation of the Road Traffic Act more than twice, he also driven a car under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Application of statutes concerning criminal records;
1. Penalty provisions: Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037);
1. Detention in Labor House: The reason for the sentencing of Articles 70(1) and 69(2) of the Criminal Act is that a strict consensus has been formed on the recent drinking driving (accident) and the Road Traffic Act has been amended and aggravated, but the fine is still imposed on the drinking driving of persons with the same kind of power as this case, so it is not only applicable by the former Act applied by the principle of the law of the time of the act, but also by considering the purpose of legislation of the new law, the fine may be imposed in consideration of the reasons for the sentencing.
In this case, in full view of the drinking volume, the background and circumstances of drinking (the defendant requested a substitute driving, which led to the driver of the pelle on the alleyway because contact was not easily contacted) and efforts for the substitute driving, etc., a fine may also be a considerable choice.
Even so, it should be a heavy amount in full view of the same kind of power, value, etc. in a short term.