Text
Defendant shall be punished by a fine of 11,000,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Power] On June 27, 2012, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On September 9, 2019, at around 03:18, the Defendant driven an E-high-speed car with approximately 0.112% alcohol concentration at the 1km section from the roads near Suwon-si C, Suwon-si, to the roads front of D in the same city area.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstantial statement of the employee;
1. Notification of the result of crackdown on drinking driving;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), investigation reports (same-class records), and application of Acts and subordinate statutes of a copy of 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 order of provisional payment has the history of being punished three times or more by a defendant for a drunk driving. Since June 25, 2019, the penal provision for a drunk driving was strengthened, and the defendant was also able to easily have access to the above circumstances through the media, etc., and there is a need for a strict punishment in that he/she was a drunk driving.
However, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant recognized the instant crime and divided his mistake; the Defendant has no record of punishment in excess of the fine yet; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the conditions of sentencing indicated in the record, such as the circumstances after the crime, etc.