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Defendant shall be punished by a fine of 6 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
(Criminal Power) On July 28, 2008, the Defendant is a person who received a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Ansan District Court's Ansan Branch on July 28, 2008.
(Criminal Facts) The Defendant is a person engaged in driving a car B G80.
On January 6, 2020, at around 22:25, the Defendant driven the said vehicle under the influence of alcohol by 0.112% from the parking lot in front of the “D” restaurant in Ischeon-si, Seoul to the front of the same city.
Accordingly, the defendant, who violated the prohibition of drinking driving, was driving the car under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, report on the circumstantial statements of drinking drivers, investigation report (report on the status of drinking drivers), and report on the status of drinking driving;
1. On-site photographs;
1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same criminal records as a suspect), and application of Acts and subordinate statutes governing 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. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
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 with regard to a provisional payment order is that the Defendant, even though he/she had a record of drinking driving, once he/she drives alcohol again, and the blood alcohol concentration at the time was considerably high.
However, the defendant's drinking distance is relatively short.
The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.