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Defendant shall be punished by a fine of 12,000,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Power] The Defendant is a person who was sentenced to a fine of five million won at the Jung-gu District Court on January 16, 2017 due to a violation of the Road Traffic Act (driving).
【Criminal Facts】
At around 22:40 on September 18, 2020, the Defendant, while under the influence of alcohol 0.089% in blood, driven a F rocketing-III car owned by E (State) at approximately 1km from the roads adjacent to E in ethm to the roads adjacent to D secondary schools located in ethic City in ethic City, in a state of 0.089% alcohol concentration in blood.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the report on circumstantial statements of a drinking driver and the control results of drinking driving;
1. Previous convictions indicated in the judgment: Application of criminal records, references to criminal records, investigation reports (a) Acts and subordinate statutes;
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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished for driving under influence of alcohol, the driving of the instant case was done under the influence of alcohol, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the Act increased by statutory penalty, the quality of the relevant crime is not weak.
However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.