beta
Text
Defendant shall be punished by a fine of KRW 7 million. If the Defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[Criminal Power] On August 19, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the original state support of the Chuncheon District Court.
【Criminal Facts】
On July 18, 2020, at around 02:10, the Defendant driven a C low-speed car with a blood alcohol content of about 0.118%, from around 1.5 km to the front road of the Shicheon-si, Nam-gu, Seoul Special Metropolitan City (hereinafter referred to as “Seoul Special Metropolitan City”) at around 02:10 on July 18, 202.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Legal statement of the defendant, the oral statement of the circumstances of the driver, the report on the situation of the driver's driving, and the control photograph at the time of crackdown on the results of drinking driving;
1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-related Acts and subordinate statutes;
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 had a record of drinking driving, was driving under drinking again, and the degree of blood alcohol concentration at the time was high.
However, the distance of drinking driving is short, and the drinking driving power is 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.