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Defendant shall be punished by a fine of KRW 8,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
On November 30, 2006, the Defendant was issued a summary order of KRW 700,000 as a crime of violating Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch Office.
On October 4, 2020, the Defendant driven an E 7 vehicle under the influence of alcohol leveling of about 0.047% in a section of about 500 meters from the front parking lot B in the city of Suncheon-si to the front road in the same city C.
Summary of Evidence
1. Statement by the defendant in court;
1. Before making a statement on the circumstances of a driver who is placed in driving, or making a inquiry about the results of crackdown on drinking driving (Calculation of alcohol concentration in blood): Application of an inquiry letter, such as criminal history, and a written order for summary issuance;
1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the defendant has been under the influence of alcohol again while under the influence of alcohol even though he/she had a history of criminal punishment twice due to the driving of alcohol in the past.
However, the defendant would not drive drinking again while reflecting his own mistake in depth.
The defendant's age, sex, environment, family relationship, criminal history, background and result of the crime of this case, etc. are considered in light of various factors of sentencing indicated in the record, such as the situation after the crime, etc., and the sentence is determined as ordered in light of the following circumstances: (a) the degree of alcohol concentration among the blood of this case is relatively high; and (b) the ten or more years have passed before the judgment.