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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 January 19, 2010, the Defendant was issued a summary order of KRW 1 million at the Suwon District Court’s Eunpyeong Housing Site as a crime of violation of the Road Traffic Act.
【Criminal Facts】
On August 15, 2020, the Defendant was under the influence of alcohol with 0.130% of blood alcohol concentration around August 23:27, 2020, and was driving DMW car at approximately KRW 1km from the sphere B and the front road of Suwon-si, Suwon-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, investigation report, notification of the results of the control of drinking driving and record of the measurement of drinking;
1. Previous for judgment: Application of one copy of the statement of criminal history records, and one copy of the 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 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the defendant had a record of being punished by a fine due to drunk driving, was also driving under the instant case, and the blood alcohol concentration level at the time was also reasonable. In light of the risk of the occurrence of the accident and the purport of the amendment of the Act increased by statutory penalty, the nature of the crime is not weak.
However, considering the fact that the defendant confessions and reflects, and that the accident does not lead to the accident, the defendant's age, attitude, environment, driving background and distance, drinking volume, and circumstances after the crime, various sentencing conditions as shown in the records and arguments shall be determined as ordered.