beta
Text
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 December 19, 2008, the Defendant received a summary order of a fine of one million won as a crime of violating the Road Traffic Act at the Suwon District Court on December 19, 2008.
【Criminal Facts】
On August 15, 2020, at around 22:40, the Defendant driven C K7 car while under the influence of alcohol 0.126% in a section of approximately 500 meters from the 500-meter radius to the roads adjacent to the same Gu’s B apartment.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement, investigation report, and appraisal report on blood alcohol concentration among the drinking drivers;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a 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 of the provisional payment order is that the Defendant was punished twice by a fine due to drunk driving, and the blood alcohol concentration level at the time was significantly high. In light of the risk of the occurrence of the accident and the purport of the amendment of the Act increased by the statutory penalty, the nature of the crime is not easy.
However, considering the fact that the defendant is led to confession and reflect, that there is no previous conviction other than the above previous one, and that the accident does not lead to a multi-accident, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, developments and distance, circumstances after the crime, the prosecutor's old punishment, etc. and various sentencing conditions specified in the records and arguments.