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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
[Criminal Power] On June 12, 2009, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Western District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On March 12, 2020, at around 06:16:16, the Defendant driven a motor vehicle with blood alcohol concentration of approximately 0.088% under the influence of alcohol from approximately 5km section from the 15km-ro, Young-gu, Young-gu, Young-gu, Young-gu to the front road of the 151, Young-gu, Young-gu.
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. Reports on drinking and measuring statements of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), investigation reports (same-class records), and application of Acts and subordinate statutes of one copy of 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. 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 influence of alcohol, the driving of the instant case was done under the influence of alcohol, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the Act increased by statutory penalty, the quality of the relevant crime is not weak.
However, taking into account the fact that the defendant is led to confession and reflect, and that there is no criminal record yet exceeding the fine due to the same kind of crime, and other various sentencing conditions shown in the records and arguments, such as the age, attitude, environment, developments and distance of the defendant, circumstances after the crime, etc., shall be determined in the same manner as the order.