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Defendant shall be punished by a fine of KRW 7 million. If the Defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On October 15, 2007, the defendant received a fine of two million won due to a violation of the Road Traffic Act (driving) in the Sung-nam branch of Suwon District Court on October 15, 2007.
At around 06:00 on August 12, 2020, the Defendant driven a B rocketing car under the influence of alcohol content of about 80km from the 06:0 meters away from the 06:0 on the 06:0 on August 12, 2020 to the front of the Hasan Highway.
Accordingly, the defendant was driving under drinking not less than twice.
Summary of Evidence
1. Defendant’s legal statement, notice of the result of the crackdown on drinking driving, inquiry into the results of the crackdown on drinking driving, report on the situation of drinking drivers, report on the circumstantial statement of drinking drivers, and investigation report (report on the circumstances of drinking drivers);
1. Previous records: Application of criminal records, inquiry reports and summary order-related 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 53 and 55 (1) 6 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, even though he/she had a record of drinking driving, once he/she drives alcohol again, and the blood alcohol concentration at the time was considerably high.
However, the defendant was driving under the condition of less than the previous drinking, and the possibility of criticism is relatively low.
In addition, the defendant's drinking driving force is 10 years prior to 10 years.
The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.