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Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On July 6, 2016, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Daegu District Court's Ansan-dong branch.
On June 1, 2020, at around 00:05, the Defendant driven Daba while under the influence of alcohol concentration of about 0.050% from the 2km section of approximately 10m to the front road of the 95 River 2km, a permanent resident city, from the front road C, which is located in the permanent resident city B, to the permanent resident city.
As a result, the defendant violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant’s legal statement, report on the circumstances of his/her driver, investigation report (report on the circumstances of his/her driver), and report on the control of his/her drunk driving;
1. Previous records of judgment: Criminal records and other inquiries, and the application of Acts and subordinate statutes of investigation status (verification of suspect's records of drinking driving);
1. Relevant provisions of the Act on Criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act that applies to the choice of a fine, Articles 53 and 55(1)6 of the Criminal Act that applies to discretionary mitigation of the choice of a fine (the following circumstances considered favorable to the reasons for sentencing);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”), based on the following circumstances, including the Defendant’s age, character and conduct, environment, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, and the conditions of the sentencing as ordered.
D. Unfavorable circumstances: The circumstances in which the Defendant had already been punished once by a fine due to drunk driving, but the Defendant appears to recognize and reflect the crime; there is no previous conviction exceeding the fine of the Defendant; the Defendant’s vehicle is relatively low in risk of being a motorcycle; and the numerical value of blood alcohol concentration of the instant case corresponds to the criteria for the disposition of suspension of license.