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Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On December 13, 2012, the Defendant was issued a summary order of KRW 4 million by the 15th Army Military Court at the Army, the 15th History General Military Court at the Army, for the crimes of violation of the Road Traffic Act.
On February 20, 2020, the Defendant, while under the influence of alcohol around 0.11% of blood alcohol concentration, driven DK7 automobiles from the front of the cafeteria in Seo-gu, Seo-gu, Gwangju to the front of the cafeteria 26-15 no. 2, Nam-gu, Seo-gu, Gwangju to approximately 4km from approximately 4km to the front road of the Maamambam business office.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A E-document;
1. A traffic accident report;
1. Notification of the control of drinking driving;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
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 of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the defendant was punished as a drunk driving, but he again driven under the influence of alcohol, caused a physical accident, and the drinking water in this case is high, and thus, the possibility of criticism and social risks are high.
However, a fine shall be imposed in consideration of the fact that there is a big interval between the criminal records of drinking and the date of the instant crime, the criminal defendant has no record of punishment other than the criminal records of driving under the influence of alcohol and the fact that the criminal defendant commits a mistake.
The amount of the fine shall be set at the lower limit of the penalty that has not been mitigated in consideration of the above factors of sentencing.