Text
Defendant shall be punished by a fine not exceeding five million won.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Reasons
Punishment of the crime
[criminal power] On August 17, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Daegu District Court, and on January 18, 201, the same court issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act.
【Criminal Facts】
On August 26, 2016, the Defendant, as a person with two or more times of drinking driving skills, driven a C low-speed car with approximately 100 meters of alcohol content 0.079% under the influence of alcohol, from the front side of the shooting range located in the Fungdong-dong, Daegu-gu, Daegu-gu, to the front side of the luminous club located in the same Dong-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Previouss before judgment: Criminal history records, inquiry reports, investigation reports, and the application of Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of being punished by a fine in 2010 and 2011 for the same type of crime, the defendant is under the influence of drinking alcohol at the time of drinking driving, the defendant's late-time crime is against the defendant, and the result of the criminal trial in this case is not only the defendant's occupation and status but also the defendant's age, character and behavior, character and character, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account various factors of sentencing as shown in the arguments in this case, including the circumstances after the crime.