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Defendant shall be punished by a fine of KRW 17 million.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
【Criminal Power】
1. On February 13, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Daegu District Court for the crime of violating the Road Traffic Act.
2. On December 7, 2010, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with labor for a violation of the Road Traffic Act at the Daegu District Court.
3. On May 24, 2013, the Defendant was sentenced to a suspended sentence of two years for a year by imprisonment with labor for a violation of the Road Traffic Act, etc. at the Daegu District Court.
4. On June 22, 2016, the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act in the Changwon District Court’s branch for a crime of violation of the Road Traffic Act, and the execution of the sentence was terminated at a detention center on October 21, 2016.
【Criminal Facts】
Although there was a history of punishment for drinking driving or refusing to take a alcohol test as above, the Defendant, while under the influence of alcohol at around 15:25 on September 5, 2019, driven a car with 800 meters Ekn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. Making a report on the control of drinking driving;
1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes governing summary orders;
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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Scope of applicable sentences under law: Fines of 10 million won to 20 million won;
2. Non-application of the sentencing criteria: The sentencing criteria are not set.
3. The Defendant, who was sentenced to a sentence, has five times (five times (one hundred, two hundred2, two hundred5, two hundred7, and one year), three times (one99, two010, and one year) and three times (one hundred, one hundred, and one year) due to refusal to measure a drinking alcohol, and among them, has served in the year 2016.