beta
Text
Defendant shall be punished by a fine of KRW 8,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Power] On December 8, 2010, the Defendant received a summary order of KRW 3 million for a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) in the Seocho District Court’s Seocho Branch Branch.
【Criminal Facts】
On July 18, 2019, the Defendant was under the influence of alcohol with 0.180% of blood alcohol concentration around 22:50%, and the Defendant driven a Cbenz car within approximately 8 km from the front of the bus terminal in Yangyang-si, Gangwon-si, Yangyang-si, to the front of the same military road.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the control of drinking drivers, the report on the state of drinking drivers, the investigation report (report on the state of drinking drivers), and the next inquiry;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
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 Article 334(1) recognizes the defendant's mistake, and the defendant's criminal punishment for the same kind of crime is about nine years before the crime of this case.
However, the crime of drinking driving is highly likely to cause danger to life, body, and property of a third party, and there is a need for strict punishment.
In addition, the sentence shall be determined as ordered in consideration of all the sentencing conditions, such as the background of the instant crime and the blood alcohol concentration of the Defendant at the time of the instant case.