Text
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
On May 23, 2018, the defendant is a person with the record of being sentenced to a summary order of a fine of five million won for a violation of the Road Traffic Act at the Suwon District Court on May 23, 2018.
On February 23, 2020, at around 02:05, the Defendant driven C Benz’s car with a blood alcohol concentration of approximately 0.134% in the section of approximately 13km from the Saz road located in Dongjak-gu Seoul Metropolitan Government to the front road of Suwon-si, Suwon-si.
Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.
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 judgment: Criminal history records, inquiry reports (A), investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes governing summary orders;
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.