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 9, 2018, the Defendant was issued a summary order of KRW 2 million by the Suwon District Court due to a crime of violation of the Road Traffic Act.
On October 1, 2019, around 02:21, the Defendant driven a DK5 car while under the influence of alcohol with approximately 0.189% alcohol concentration from a section of approximately 100 meters to the roads front of the convenience store from the Young-gu B apartment underground parking lot in Suwon-gu, Suwon-si to the convenience store.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement, investigation report, and table for request for appraisal of an employee;
1. Previous records of judgment: Application of criminal records, repeated statements and investigation reports (criminal records confirmation reports) Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
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 on the ground of sentencing of the provisional payment order is that the defendant, even though he had a record of being punished by a fine due to drinking driving, was driving under the instant drinking even within a short period, and the blood alcohol concentration level at the time was considerably high. Considering the risk of the occurrence of the accident and the purport of the amendment of the Act increased by the statutory penalty, the nature of the crime is not weak.
However, considering the fact that the defendant is led to confession and reflect, the fact that there is no criminal record other than the previous conviction in the judgment, etc., the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, circumstances of driving, distance, and circumstances after the crime.