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Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Power] On December 20, 2010, the Defendant was issued a summary order of KRW 2 million by the Incheon District Court as a crime of violation of the Road Traffic Act.
【Criminal Facts】
On April 4, 2020, at around 23:10, the Defendant driven a Dpoter II cargo vehicle while under the influence of alcohol content of about 0.142% at the section of about 10 meters from the Yeonsu-gu Incheon, Incheon, “C” to the “C” parking lot.
As a result, the defendant violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;
1. The application of Acts and subordinate statutes on criminal records, etc., inquiry reports, investigation reports (Attachment to a summary order issued on the same type of power), and summary orders attached thereto;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
1. Article 53 of the Criminal Act for discretionary mitigation;
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 with regard to a provisional payment order is that the Defendant re-driving a motor vehicle even though he/she had a record of being punished for drinking, and that the blood alcohol concentration measured is also high.
However, the records of the same crime are 10 years or more, and there are no other records of crime, and the disposal of the vehicle and the disposal of the vehicle are not driving again, etc. shall be considered as favorable factors, and the punishment shall be determined as ordered by taking into account the other factors of sentencing under Article 51 of the Criminal Act, which are shown in the records of this case, such as the age, character and behavior and environment of the defendant