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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 history] On August 25, 2014, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court.
[2] Around September 23, 2020, the Defendant driven a horse-off car at approximately 4 km from the Gluri-dong public parking lot in the Glwon-si, Glwon-si to the front road in Suwon-si, Suwon-si, which was under the influence of alcohol at around 23:08, even though he had the driving force of alcohol during blood, and operated a horse-off car at approximately 0.05% from the Gluri-gu, Gluri-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of records of drinking alcohol measurement, results of regulating driving of drinking, report on the circumstances of drivers of drinking alcohol, and investigation report (report on the circumstances of drivers of drinking alcohol);
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the Defendant again commits the instant crime even though he/she had the record of being punished for driving under drinking, as stated in its reasoning, and that there is no motive or circumstance to take into account the commission of the instant crime is disadvantageous to the Defendant.
On the other hand, the fact that the defendant recognizes the crime of this case and that there is no record of criminal punishment other than the previous conviction is favorable to the defendant.
Other circumstances shown in the records, such as the age, sex, motive and background of the crime, results and circumstances of the crime, etc., shall be determined as per the order.