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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 May 9, 201, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for a crime of violating the Road Traffic Act (driving).
[2] On October 12, 2020, the Defendant driven a body car with D while under the influence of alcohol leveling 0.218% in the five meters preceding the “C” road located in Dong-gu Incheon Metropolitan City, Dong-gu, Incheon, around October 2020.
As a result, the defendant was sentenced to criminal punishment due to drinking, but was driving again.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. Application of a reply to inquiry, such as criminal history, and summary order-making statutes;
1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;
1. Article 53 of the Criminal Act for mitigation of small amount;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances: (a) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (b) the sentencing conditions stated in the pleadings of the instant case, such as the circumstances after the crime, shall be determined as ordered by the Criminal Procedure Act.
Unfavorable circumstances: The Defendant, who was punished for driving under the influence of alcohol, was driving again under the influence of alcohol despite the fact that he had a single record.
In the measured blood, the alcohol concentration is high.
The favorable circumstances: there is no other record of the crime except twice the fine, including the above crime, and the record of the same crime was nine years.
The driving distance is short and there are circumstances that can be considered in terms of driving.