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Defendant shall be punished by a fine of 12 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[criminal record] The criminal records stated in the indictment were excluded from the previous criminal records before June 1, 2006.
On November 24, 2016, the Defendant was issued a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act by the District Court of the Republic of Korea.
【Criminal Facts】
On January 22, 2020, at around 10:15, the Defendant: (a) driven a car in a state of alcohol alcohol concentration of about 12 km from the front road of the Gyeonggi-si, the Namyang-si, the Gyeonggi-do, to the front road of the Gyeonggi-do, and driving the car in a state of 0.125% under the influence of alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the circumstantial statement of a driver under the influence of alcohol, and inquiry into the results of the crackdown on drinking;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other 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 under Article 334(1) of the Criminal Procedure Act is that the Defendant was punished by a fine for driving under influence of alcohol in 2004 and 2016.
Nevertheless, re-driving has been conducted.
The blood alcohol concentration level of the instant case also is relatively high.
However, the defendant's mistake is against his or her own mistake while recognizing the crime.
The defendant seems to have driven in order to work on the next day after drinking at night.
From 1988 to 32 years, the Defendant is in a sincere position in the workplace.
The main figures of the defendant want to be the defendant's wife.
In light of the above, the sentence of imprisonment with prison labor or heavier punishment to the defendant who is naturally dismissed seems to be harsh, and thus, the defendant is subject to a fine.
In addition, the records and arguments of this case, such as the age, character and conduct, environment, motive, means and result of the crime, and the circumstances after the crime, are shown.