Text
Defendant shall be punished by a fine of KRW 17,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On June 20, 2016, the Defendant received a summary order of a fine of three million won for a violation of the Road Traffic Act from the Suwon District Court.
Nevertheless, at around 21:35 on May 4, 2020, the Defendant driven a FNAS car in the state of alcohol alcohol concentration of about 0.20% from the front side of the C in the wife population B to the front side of the E in D at approximately 500 meters.
As a result, although the defendant had a record of punishment for drunk driving, he again carried out a drunk driving and violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of the drinking driver), and outputs from the result of drinking measurement;
1. Records before judgment: Criminal records, etc. inquiry inquiry reports and application of double copies of summary order Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;
1. The fact that the defendant for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes the crime of this case is favorable to the defendant.
On the other hand, the Defendant again committed the instant crime even though he had the record of punishment for drunk driving as stated in its reasoning; the Defendant’s blood alcohol concentration, speech and behavior condition at the time of the instant crime; the Defendant’s traffic risk resulting from the instant crime is significant; and there is no motive or circumstance to take into account the Defendant’s occurrence of the instant crime. It is unfavorable to the Defendant.
Other circumstances shown 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.