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Defendant shall be punished by a fine of KRW 9,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Power] On June 2, 2016, the Defendant was issued a summary order of KRW 2,00,000 as a crime of violation of the Road Traffic Act at the Seoul Eastern District Court.
【Criminal Facts】
On June 18, 2020, at around 01:10, the Defendant driven a D golf car at the 20m section from Gangnam-gu to the same Gu C under the influence of alcohol level of 0.095%.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;
1. Control note;
1. Investigation report (report on the circumstances of an immigration driver);
1. Previous records of judgment: Application of criminal records, reply reports, investigation reports (Attachment of data related to criminal records) and other Acts and subordinate statutes;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. In light of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of sentencing] The Defendant is not less than a fine of KRW 5,00,000 from KRW 10,000 to KRW 100 [Pronouncement Decision] fine of KRW 9,000,000, the Defendant already committed the instant drunk driving even though he had the record of criminal punishment due to drunk driving, and the blood alcohol concentration is not low, the Defendant’s liability for the crime is not easy.
However, the defendant's mistake is over and against his own mistake, the driving of the case does not lead to the occurrence of traffic accident, the driving is deemed to have been driven in the short section only for mobile parking, and other factors such as the defendant's age, character and behavior, environment, details and motive of the crime, means and result, the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account all the factors of sentencing specified in the arguments of this case, including the circumstances after the crime.