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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
[Criminal Power] On March 29, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On February 2, 2020, at around 05:19, the Defendant driven a car XG in the form of alcohol 0.126% of the blood alcohol concentration on the section of approximately 200 meters from the front of the “C cafeteria” road located in Osan-si B to the D in the e-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the report on the statement of the state of drinking drivers, and the control results of drinking driving;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished for driving under the influence of alcohol in 2017, the driving of the instant case was done under the influence of alcohol. Considering the risk of drinking driving to many unspecified persons and the purport of the amendment of the amended Act of which the statutory penalty is raised, the nature of the relevant crime is not easy.
However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.