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Defendant shall be punished by a fine of KRW 8,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Power] On May 28, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On April 27, 2020, the Defendant was under the influence of alcohol 0.178% in blood alcohol concentration on April 27, 2020, and was driving DK5 cars from the Incheon Michuhol-gu to the front road of the same Gu from around 300 meters in approximately 300 meters.
As a result, the defendant was sentenced to criminal punishment for drunk driving, but he was driving again.
Summary of Evidence
1. Defendant's legal statement;
1. Notice of the result of crackdown on drinking driving, and report on the situation of drinking drivers;
1. The application of Acts and subordinate statutes attaching criminal records, reply reports, and summary orders of the suspect's same kind of power;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
1. Article 53 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 re-driving a motor vehicle even though he/she had a record of being punished for a drunk driving, and the measured blood alcohol concentration is considerably high.
However, the records of the same crime are more than 10 years, and there are no other records of crime, the distance of driving is shorter, and the distance of driving again is not driving under the influence of alcohol, etc. It is considered as favorable factors. In addition, the sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case, such as the defendant's age, character, conduct and environment, shall be determined as ordered by taking into account the various sentencing conditions