Text
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
【Criminal Records of Crimes】 On May 17, 2007, the Defendant was sentenced to a fine of KRW 2 million by the Jeju District Court for a violation of the Road Traffic Act (driving) and KRW 4 million by the same court on September 11, 2013.
【Criminal fact-finding on October 30, 2016, the Defendant driven C Poter vehicle under the influence of alcohol content of about 0.058% from the 10km section to the road in front of the New Mine Elementary School, which is linked at Jeju city around October 30, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions: References to inquiries, such as criminal history, reporting on the results of confirmation of the previous convictions and reporting on investigation (Attachment to such previous convictions);
1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order, despite the fact that the Defendant had been punished twice by a fine due to a violation of the Road Traffic Act, was committed by driving under the influence of drinking at the same time, and thus, the Defendant has committed the instant crime by driving under the influence of drinking at the same time. Therefore, the Defendant should be strictly punished.
However, the fact that the defendant led to the crime of this case, the amount of alcohol concentration of the defendant's blood at the time of the crime of this case is not higher than 0.058%, and there is no record of criminal punishment exceeding the fine for the same crime of this case, and the punishment as the order shall be determined by taking into account the two times in similar cases, the defendant's age, sexual behavior, environment, circumstances after the crime, and other various sentencing conditions as shown in the records and arguments of this case.