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Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[Criminal Power] On March 14, 2008, the Defendant received a summary order of KRW 3 million by the Daejeon District Court for the violation of the Road Traffic Act (driving).
【Criminal Facts】
On July 1, 2020, at around 07:23, the Defendant operated BMW X6 car under the influence of alcohol 0.138% in a section of about 1km from the front of the main station in the vicinity of the Seodaemun History and Culture Park Station in Seoul, Jung-gu to the front of the shock distance in Seoul, Jung-gu to the front of the 260-dong-gu.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notice of the results of drinking driving control, and a record of drinking measurement;
1. Investigation report (report on the circumstances of an immigration driver);
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of a summary order-order Act and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, even though he had a record of being punished due to drunk driving, etc. on or around 2008, was driving under the instant case, and the blood alcohol concentration was considerably high, and the responsibility for the crime is not somewhat weak.
However, in full view of all the circumstances, including the fact that the defendant's mistake is recognized, the occurrence of the traffic accident is not led to the driving under the influence of alcohol in this case, and the driving under the influence of alcohol in this case takes place after the lapse of a long time from the previous crime of driving under the influence of alcohol in this case, and the defendant's age, environment, occupation, occupation, family relationship, circumstances after the crime, and circumstances after the crime, etc.,