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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 22, 2011, the Defendant was issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act at the Busan District Court.
On November 22, 2020, the Defendant driven a F QM6 car from the roads of Gwangju Northern-gu, B, and C cafeteria to the roads of Gwangju Northern-gu D and E Service Center in about 1km while under the influence of alcohol level of 0.090% during blood transfusion around 21:50.
Accordingly, the defendant violated the prohibition of drinking under the Road Traffic Act more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on driving alcohol;
1. Criminal records in the judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the previous confirmation thereof) statute;
1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the selection of fines for criminal facts;
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 Aggravated Punishment of the Aggravated Punishment Order is that the Defendant once was punished for driving under drinking, and thus, the Defendant is highly likely to be subject to criticism.
However, a fine shall be imposed on a defendant in consideration of the fact that the defendant's previous record of drinking alcohol and the day of the instant crime are relatively high at intervals, and that the defendant's mistake is divided.
The amount of the fine shall be determined as ordered by comprehensively taking into account the factors of the above sentencing as well as all the factors of the sentencing, including the defendant's age, sex, environment, and the process of detection of the crime in this case.