Text
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 history] On February 16, 201, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (dacting driving) in the Incheon District Court’s Vice-Support on February 16, 201.
[2] On November 14, 2020, the Defendant driven a car with B low alcohol level of about 46 kilometers from the place where the address of the Incheon Strengthening-gun is not known to around 17:50 on November 14, 2020 to the 341 ancient-si, Gopo-si, Kimpo-si, Kimpo-si, Kim Jong-si, and about 46 kilometers, while under the influence of alcohol level of about 0.095%.
Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Statement of the circumstances of the driver who is placed in the police interrogation protocol on the accused's legal statement, report of the state of his driving, notification of the results of crackdown on the driving of drinking, inquiry into the results of crackdown on the driving of drinking, the control records of the driver at the scene of detection, the driver driver's license register of the vehicle taken in the scene of detection, the next inquiry into and report on mandatory insurance (report on the situation of the driver
1. Previous convictions in judgment: Inquiry about criminal history, investigation report (the confirmation of the previous history), and application of summary order Acts and subordinate statutes;
1. The pertinent legal provisions on criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act (the point of drinking), and the choice of a fine (the Defendant, even after being punished for drinking in 2011, committed the instant crime again despite being punished for driving under drinking in 201, resulting in a risk of repeating the instant crime, and the Defendant is also deemed to have discovered that he/she was under driving under the influence of alcohol concentration in blood at the time of the instant crime.
However, the defendant confessions the crime of this case and reflects his depth, and the defendant was not punished due to drinking driving, etc. after 201, and was punished again by a fine in consideration of the fact that there is no criminal punishment other than a fine for one time due to driving of the above drinking, etc.
1. Articles 53 and 55(1)6 of the Criminal Act (resumed circumstances as seen earlier) of the Act on Reduction of Small Quantity;
1. Article 70 of the Criminal Act to attract a workhouse.