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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 July 24, 2019, the Defendant was notified of a summary order of KRW 1 million by the Suwon District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On February 28, 2020, at around 23:28, the Defendant driven a C-crat car while under the influence of alcohol leveling 0.154% in a section of approximately onem near Pyeongtaek-si Btel.
Accordingly, the defendant violated the Road Traffic Act prohibition provisions at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of a summary order;
1. Relevant Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the selection of fines;
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 on the order of provisional payment is that even though the defendant had a record of punishment for drunk driving once, he/she again committed the instant crime, and that he/she has a high drinking level, is disadvantageous.
However, the defendant's arrival in the place of residence through a proxy driver, but it seems that the vehicle was not satisfied with the parking location and was temporarily driving, and there are circumstances to consider driving circumstances, the driving distance is about 1m merely, and the defendant's age and character, family relation, motive, means and result of the crime, and other various sentencing conditions in the trial process of this case, such as circumstances after the crime, shall be determined as the order, comprehensively taking into account the following factors.