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Defendant shall be punished by a fine of KRW 10 million.
If the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
[criminal power] On November 28, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on November 28, 2008.
【Criminal Facts】
On May 9, 2020, the Defendant was under the influence of alcohol of 0.067% of blood alcohol level around 09:04, and was driving a D TBl car from the Seocho-gu to the Seoul Mapo-gu road.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, reply reports on criminal investigations, criminal records, etc., and summary orders;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
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 the provisional payment order was that the Defendant had been punished once a drunk driving prior to the occurrence of an accident where the Defendant was under the influence of alcohol driving in the instant case and the center was under the influence of alcohol driving.
On the other hand, the previous criminal records of drinking driving are more than 12 years prior to the occurrence of a crime, and the defendant's mistake is against the defendant's depth while intending not to repeat such mistake, etc., and the circumstances favorable to the defendant, such as drinking water and driving distance of this case, the age, character and conduct, environment of the defendant, motive and consequence of the crime, etc., and the sentencing conditions specified in the records and arguments, such as the circumstances after the crime, etc., shall be determined as per the disposition.