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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 November 30, 2011, the Defendant issued a summary order of KRW 2 million at the Suwon District Court for a violation of the Road Traffic Act.
On August 16, 2019, the Defendant was under the influence of 0.065% of blood alcohol concentration on August 20:35, 2019, while driving a DNA-low-income car at approximately 200 meters from the Gyeonggi-gun Bridge parking lot to C.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Reporting on detection of suspected drivers of the Road Traffic Act;
1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;
1. Records of holding: Application of criminal history records, circuit reports, investigation reports, and confirmation of records of driving driving;
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 with regard to the crime of this case is that the defendant, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not that of the latter.
However, in light of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant did not have any other criminal records other than the aforementioned one-time fine; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; (d) means and consequence of the crime; and (e) the sentencing conditions indicated in the record, such as the circumstances after the