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Defendant shall be punished by a fine of 12,000,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Power] On February 25, 2010, the Defendant was issued a summary order of KRW 2,000,000 as a crime of violating the Road Traffic Act by the Seoul Northern District Court.
【Criminal Facts】
On December 7, 2019, at around 02:22, the Defendant driven a Dbenz car with approximately 120 meters alcohol level 0.208% under the influence of alcohol level from around 120 meters to the front road of Gangnam-gu Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of drinking drivers and notification of the results of the control of drinking driving;
1. On-site photographs;
1. Blue boxes and video CDs;
1. Previous convictions indicated in judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and other criminal records;
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. In view of the reasoning for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of sentencing] 10,000,000 won or more from 20,000 won to 12,00,000 won (Pronouncement decision] fine 12,00,000 won, the Defendant already committed the instant drunk driving even though he had the record of criminal punishment due to drunk driving, and the Defendant’s criminal liability is very high.
However, the sentencing conditions of the instant case, such as the Defendant’s age, character and conduct, environment, circumstances after the crime, etc., are considered in light of the fact that the Defendant’s mistake appears to be close and reflect, the driving of the instant drinking, which led to the occurrence of traffic accidents, and other various sentencing conditions indicated in the pleadings of the instant case, such as the Defendant’s age, character and behavior, environment