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Defendant shall be punished by a fine of 11,000,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Power] On September 11, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Jeju District Court for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On October 6, 2019, at around 00:31, the Defendant driven a d car car in the section of approximately one kilometer from the front day of the 1107 Sejong-dong community service center to the front day of the restaurant located in the same Gu B, under the influence of alcohol level of 0.091%.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Notification of the result of the drinking driving control;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;
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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of being punished for a drunk driving in 2017. Since June 25, 2019, the penal provision for a drunk driving was strengthened, and the Defendant also was able to easily contact the above circumstances through the media, and there is a need for a strict punishment in that he/she was a drunk driving in this case.
However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant has no record of punishment in excess of the fine for the same kind of crime, and that there is no record of punishment in excess of the fine for the same kind of crime, and other various circumstances that form the conditions for sentencing as shown in the record, such as the age, character and conduct, environment, motive, means and consequence of the crime, etc.,