beta
Text
Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On February 19, 2018, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act by the Gwangju District Court.
On October 29, 2019, the Defendant, while under the influence of alcohol around 23:00, driven a Crens car at approximately 8 km section from the front of the B apartment site in the southnam-si to the roads in front of the insolvent public health clinic in the same city, from around 0.122%.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. The defendant's statement on the second trial date in court;
1. Notification of the results of the drinking driving control, and the measurement and output of drinking;
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. 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 on the order of provisional payment is that the defendant was punished for driving under drinking, and the drinking water of this case is also high, so the possibility of criticism and social risks are high.
However, considering that the defendant's mistake is unfolded and repeated as a sound social person, the sentence of imprisonment to the defendant is harsh, and thus, the defendant is sentenced to a fine.
The amount of fine shall be set at the lowest sentencing range which does not reduce the amount of fine, taking into consideration various circumstances, such as the defendant's age, environmental family relationship, etc., according to equity between the values of drinking alcohol in the instant case and other cases, and the punishment as ordered.