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Defendant shall be punished by a fine of KRW 13,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Power] On August 28, 2009, the Defendant was issued a summary order of a fine of three million won by the Suwon District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On November 8, 2019, the Defendant was under the influence of 0.107% of blood alcohol concentration 0.107% on blood alcohol level, and was driving a E-W-in vehicle at a section of about 300 meters from the front of the restaurant C in the wife population B to D.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;
1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;
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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, even though there are two times the records of criminal punishment due to drinking driving, was driving under the instant case, and the blood alcohol concentration level at the time was reasonable. Considering the risk of the occurrence of the accident, the nature of the crime is not easy.
However, considering the fact that the defendant is led to confession and reflect, that all of the above previous departments have been prior to 10 years, and that there is no criminal record yet exceeding the fine, the defendant's age, attitude, environment, circumstances, distance, circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account various sentencing conditions in the records and arguments, including the defendant's age, attitude, circumstances after the crime