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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
On June 15, 2012, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.
On June 18, 2020, at around 03:59, the Defendant driven a DNA car from around 2 km to the road near the Seo-gu Pungdong-gu, Seo-gu, Seo-gu, Gwangju while drunking about 0.110% of blood alcohol concentration.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. The defendant's legal statement and the report of traffic accident;
1. Notification of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;
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 for driving under drinking, and again, he was driving under drinking again, causing the instant accident in the process of drinking, and the instant drinking water level is high, and thus, the possibility of criticism and social risks are high.
However, a fine shall be imposed on a defendant in consideration of the fact that the criminal records of the defendant's drunk driving and the date of the crime in this case have a large interval of time between the criminal records of the defendant and the date of the crime in this case, the defendant has no past record of punishment
The amount of the fine shall be set at the sentencing guidelines according to the drinking water of this case, and the lower limit of the applicable sentences that have not been reduced in consideration of the above factors.