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Defendant shall be punished by a fine of 12 million won.
If the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
On November 19, 2010, the Defendant had a record of being sentenced to a summary order of a fine of 2,500,000 won for a violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court.
At around 05:00 on December 18, 2019, the Defendant driven a D liquid sports cargo vehicle with approximately 400 meters alcohol concentration of 0.130% while under the influence of alcohol at approximately 400 meters from the front road of Chungcheongnam-si, Chungcheongnam-si to the front road of the same city.
Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of crackdown on drinking driving;
1. The circumstantial statement of the employee;
1. Investigation report (report on the situation of running a motor vehicle at home);
1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order statutes attached thereto;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he/she had been punished for driving under the influence of alcohol in the past, and the quality of the instant crime is not good.
On the other hand, however, the defendant's mistake is recognized, and the defendant has a history of criminal punishment twice due to drinking driving in the past, but all of the cases occurred before ten years, and the risk of recidivism is not considered high since he/she disposed of a vehicle currently operated, and there is no history of criminal punishment above suspended execution, and there is no history of criminal punishment above suspended execution, and other various sentencing conditions such as the background of the crime in this case, the degree of drinking, the recovery and frequency of punishment due to drinking driving, the age, character and conduct of the defendant, etc. shall be determined