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Defendant shall be punished by a fine of 6 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On February 1, 2019, the defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act in the credit support of Suwon District Court on February 1, 2019.
On November 1, 2019, at around 22:20, the Defendant driven a F Karen car from around 2 km to the D Apartment E-dong parking lot located in the Innju City, which was under the influence of alcohol by 0.187%.
Accordingly, the defendant was driving under drinking not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of crackdown on drunk driving, report on the circumstance of a drunk driver, investigation report (report on the circumstance of a drunk driver), and report on the situation of a drunk driving;
1. The actual condition survey report;
1. Photographs related to traffic accidents;
1. Previous records before ruling: Criminal records, inquiry reports, 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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
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 a provisional payment order is that the Defendant, even though he/she had a record of drinking driving, once he/she drives alcohol again, and the blood alcohol concentration at the time was considerably high.
In addition, it was shocking the vehicles that were parked during drinking driving.
However, the defendant's drinking distance is relatively short.
The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.