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Defendant shall be punished by a fine of KRW 11 million.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[criminal power] On August 26, 2015, the Defendant was sentenced to a fine of three million won by the Incheon District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On November 29, 2019, at around 06:24, the Defendant driven DMW car under the influence of alcohol concentration of approximately 300 meters from the Southern-gu Incheon Metropolitan City B to the front road of the Incheon Nam-gu C.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of a drinking driver made once as a result of the crackdown on drinking driving;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;
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 Defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, committed a second offense since five years have not passed since he/she was punished for drunk driving.
Provided, That a person is driving at night under the influence of an abrupting after drinking alcohol.
The punishment shall be determined as per the order, in consideration of all the circumstances, such as the exposed point, the distance during drinking and the alcohol concentration in blood.