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Defendant shall be punished by a fine of KRW 8,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On May 9, 2016, the Defendant was issued a summary order of KRW 700,00 by the Gwangju District Court as a crime of violation of the Road Traffic Act.
On November 15, 2019, the Defendant, while under the influence of alcohol at around 22:35, driven a car of 1km from approximately 1km to the roads near the mutually unclaimed restaurant located in the monthly dong of Gwangju Mine-gu to the roads adjacent to Gwangju Northern-gu B.
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. Making a report on the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;
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 (see, e.g., circumstances, etc. described in the following sentencing grounds):
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 was punished as a drunk driving, and thus, the possibility of criticism and social risks are high.
However, in consideration of the fact that the drinking alcohol level in this case and the previous record of drinking driving are very high, the defendant has no other criminal records except the punishment for a single drinking driving, and the defendant has divided his/her mistake, etc., a fine shall be imposed on the defendant.
The amount of the fine shall be determined as per the order after reducing the amount of the fine, taking into account the above sentencing factors favorable to the defendant, within the scope of the punishment.