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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 November 6, 2008, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch of Seo-gu District Court.
【Criminal Facts】
On September 19, 2019, at around 00:25, the Defendant driven a Doz car in the state of alcohol with approximately 00 meters alcohol concentration of about 0.110% from the front of the Defendant’s house located in Seo-gu, Daegu to the front road of the same Gu C.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the result of the drinking control, and a statement of the status of a drinking driver;
1. Previous convictions indicated in judgment: Application of the Act and subordinate statutes concerning criminal records and investigation reports;
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. Article 70 (1) of the Criminal Act for the detention of a workhouse;
1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of punishment twice a fine due to drinking driving, the fact that the Defendant committed the instant crime is disadvantageous.
However, in light of the fact that the defendant confessions the crime of this case and repents the mistake, that there was no record of punishment for the same kind of crime after around 2008, the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and all the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime, the punishment shall be determined as ordered.