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Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Power of violation of Article 44 (1) of the Road Traffic Act] The defendant was issued a summary order of KRW 500,000 by the Gwangju District Court on January 9, 2009 as a crime of violation of the Road Traffic Act.
【Criminal Facts】
On September 21, 2020, the Defendant driven a car from approximately 600 meters to the front road in Gwangjubuk-gu, Gwangju, with a blood alcohol concentration of 0.086% at around 0.086%.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Control note;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the case of the same kind of drinking driving);
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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was punished as a drunk driving, and the drinking water in this case constitutes the revocation of driver's license, and thus, the possibility of criticism and social risks are high.
However, considering the fact that the defendant's prior convictions violating Article 44 (1) of the Road Traffic Act is one time and the period of the crime in this case has a big interval between his previous convictions and the date of the crime in this case, the defendant has no record of punishment heavier than imprisonment with prison labor, and has not committed the crime for the last ten years or more, and the defendant has divided his mistake, the defendant shall be punished by a fine according to
The amount of the fine shall be set at the lower limit of the punishment that did not reduce the amount in consideration of the above factors of sentencing.