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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
Criminal facts
On January 30, 2009, the Defendant was sentenced to a fine of KRW 4 million due to a violation of Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on January 30, 2009.
On August 22, 2020, the Defendant driven a DMW 750 vehicle under the influence of alcohol level of 0.181% in the blood on the front side of C, which is located in B at a leisure time around 01:00.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. The investigation report on the actual condition of a traffic accident (1) (2) and the accident scene and evidence and photographs;
1. Previous convictions in judgment: Application of a reply to inquiry, text of judgment, and summary order, such as criminal history;
1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order causes an accident that causes a vehicle parked while driving a vehicle under the influence of alcohol, even though the defendant had a history of criminal punishment on several occasions due to driving of alcohol, etc., and the risk thereof is considerably high.
However, the defendant seems to have a profound attitude against his mistake, and again does not drive drinking again.
In light of the facts that the vehicle possessed by the defendant was disposed of at least 10 years before the judgment, the fact that there was no record of punishment exceeding the fine due to the same kind or a different kind of crime, etc., the punishment shall be determined as ordered by taking into account other favorable circumstances, such as the defendant's age, sex, environment, family relationship, criminal history, the circumstances and result of the crime in this case, and the circumstances after the crime.