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Defendant shall be punished by a fine of KRW 13,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On June 8, 2018, the Defendant was issued a summary order of KRW 1.5 million due to the violation of the Road Traffic Act in the Suwon District Court's Ansan Branch.
On November 6, 2019, at least 22:30, the Defendant: (a) driven the Etop car while under the influence of alcohol concentration of about 0.157% at a section of approximately 860 meters, before the police box located in C from the Do of Suwon-si, Suwon-si, the Defendant violated the Road Traffic Act (driving) at least twice, while driving the Etop car at a distance of about 860 meters.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the occurrence of the case;
1. Statement on the circumstantial statement of a drinking driver, investigation report, response to requests for appraisal, and appraisal of blood alcohol concentration;
1. Records of judgment: Criminal history records, inquiry reports, and application of court rulings or 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 ground of sentencing of the provisional payment order is that the defendant, who has a record of driving a drunk, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but the result of the blood alcohol concentration due to drinking in this case is higher.
Since the Defendant was punished for drinking driving on June 2018, the Defendant again committed the instant crime due to the lapse of two years after he/she was punished for driving on drinking on or after June 2018, there is a lot of possibility of criticism.
However, the punishment as ordered shall be determined by taking into account various circumstances, such as the defendant's recognition of the crime of this case and his mistake, the defendant's scrapping of the present vehicle and completion of the registration of cancellation, the defendant has no record of punishment more than a suspended sentence, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence, and other various conditions of sentencing specified in the record, such as the circumstances after the crime, etc.