Text
Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[criminal power] On October 1, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act, and on February 21, 2013, the Incheon District Court issued a summary order of KRW 8 million for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On February 18, 2020, at around 09:20, the Defendant driven a car with C Car with C Car with a blood alcohol concentration of about 0.071% from the two kilometers from the front of the Cheongcheon-gu Incheon Bupyeong-gu to the front road of the Incheon Bupyeong-gu, Incheon Bupyeong-gu.
Accordingly, the defendant, even though he had a power to drive a motor vehicle while under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of a drinking driver, the report on the results of the control of drinking driving, and the details of control;
1. Records before judgment: Application of inquiry reports and investigation reports (a copy of summary order attached) including criminal records, etc.;
1. Relevant legal provisions concerning facts constituting the crime, Articles 148-2(1) and 44(1) of the Road Traffic Act of the choice of punishment, selection of a fine (to consider that the defendant will not drive under the influence of alcohol again, against the content and circumstances of the crime of this case, which was committed in the manner of being able to drive under the influence of drinking and drinking prior to the day of this case and the manner behind the crime, blood alcohol concentration, the defendant's occupation, and his mistake, etc.);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;