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Defendant shall be punished by a fine of 11,000,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On February 12, 2014, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court for a crime of violation of the Road Traffic Act.
At around 16:45 on May 17, 2020, the Defendant driven a motor vehicle with DNA low alcohol level of 0.11% under the influence of alcohol from about 500 meters to about C before the road.
Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving or refusing to measure drinking more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking driver, and notification on the results of the crackdown on drinking;
1. Records of judgment: Application of one copy of criminal records, reply note, and summary order;
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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order 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 less than that of the crime, but not less than that of the blood alcohol concentration due to the drinking alcohol in this case.
However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that there is no record of punishment for the defendant who has yet to be punished for a stay of execution or more, and other various circumstances that form the conditions for sentencing as shown in the record, such as the age, health status, character and conduct, environment, motive and circumstance of the crime, means and consequence, etc., the punishment as ordered shall be determined.