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Defendant shall be punished by a fine of KRW 13,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On February 22, 2018, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Suwon District Court's Ansan Branch.
On August 8, 2020, the Defendant driven a car with approximately KRW 700 meters E lelebrobbber sport from the vicinity of the “C” in Gangnam-gu Seoul to the front of the Seocho-gu Seoul Metropolitan Government D while under the influence of alcohol content of 0.182% of blood alcohol concentration on August 8, 2020.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the report on the statement of the state of drinking drivers, and the control results of drinking driving;
1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, identification of a suspect's past records of violations of the Road Traffic Act, and application of Acts and subordinate statutes of a copy of summary order No. 2018 high-level 19 high-level assistance;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished for driving under the influence of alcohol in 2018, the driving of the instant case was done under the influence of alcohol. Considering the risk of driving under the influence of the majority and the purport of the amendment of the amended Act of which the statutory penalty is raised, the nature of the crime is not easy.
In addition, as the blood alcohol concentration of the defendant was high at the time of drunk driving, the risk was also high.
However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.