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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On July 26, 2007, the Defendant issued a summary order of KRW 700,000 to a fine for the violation of the Road Traffic Act (driving) at the leisure branch of Suwon District Court on July 26, 2007.
On October 21, 2019, at around 22:14, the Defendant driven Cchip car with the influence of alcohol content of about 0.147% at the section of approximately 2.5 km from the front of the “B hotel in Ischeon-si B hotel” to the same Si unit from around 1217-6 to the same Si unit.
As a result, the defendant, despite the fact that he violated the prohibition of drinking driving, has driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), report on the situation of a drinking-driving, and inquiry into the results of the crackdown on drinking-driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes on criminal records, investigation reports (verification of suspect A-like records);
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 on the order of provisional payment is that the Defendant, even though he had a record of driving alcohol, once he drives a drinking alcohol again, and the blood alcohol concentration at the time was relatively high.
However, the defendant's drinking driving force is ten years before, and the part of the defendant's drinking driving is relatively short.
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.