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Defendant shall be punished by a fine of KRW 8,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Criminal facts
Some of the facts charged were corrected.
On April 27, 2012, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court as a crime of violation of the Road Traffic Act.
Nevertheless, around 00:24 October 22, 2019, the Defendant, while under the influence of alcohol of 00:0:24% of blood alcohol concentration, violated the prohibition on drinking driving by driving Esch Rexroths car at approximately 1km section before the D Hospital located in the same Gu as the D Hospital located in the same Gu C, Sungnam-gu, Sungnam-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;
1. Application of Acts and subordinate statutes to inquiry reports and summary orders;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, driven a car under the influence of alcohol level 0.063% of the blood alcohol level again, even though he had a record of being punished by a fine due to a drunk driving around 2012.
The main circumstance is to consider the defendant's mistake and reflect the defendant's attitude, and the defendant has no record of criminal punishment in addition to the suspended sentence of imprisonment for the above previous offense and the obstruction of performance of official duties, and other circumstances such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc. shall be determined as ordered in consideration of the following circumstances.