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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 January 22, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court. On December 7, 2017, the Defendant was issued a summary order of two million won for a violation of the Road Traffic Act (driving) at the Suwon District Court’s Pyeongtaek District Court.
Nevertheless, at around 22:32 on October 6, 2019, the Defendant driven a DNA motor vehicle with a blood alcohol concentration of about 0.06% in the section of about 100 meters from the front of the Gyeonggi-si, Echeon-si to the front road of the Gyeonggi-si, Gyeonggi-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of drinking practice, an investigation report, and a report on the actual state of drinking practice;
1. Previouss before and after judgments: Criminal records, replys to criminal records, judgments, 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 once driven a drinking alcohol again even though he/she had the record of drinking alcohol driving twice.
However, the defendant's drinking driving distance is relatively short, and the blood alcohol concentration was relatively high.
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.