beta
Text
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
Criminal facts
On November 27, 2014, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch on November 27, 201.
On July 10, 2020, at around 21:20, the Defendant driven a Fran vehicle with approximately 300 meters alcohol level 0.050% while under the influence of alcohol level 0.050%, from the front of the C cafeteria located in the Net City B to the front of the E cafeteria located in the same city D.
Summary of Evidence
1. Defendant's legal statement;
1. Written appraisal of blood alcohol concentration and the results of the control of drinking driving;
1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;
1. Relevant statutory provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a penalty, Articles 53 and 55 (1) 3 of the Criminal Act that determine discretionary mitigation of fines;
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, even though he/she had a record of criminal punishment due to a drunk driving, has driven an alcoholic beverage again, and there is a high risk.
However, under the circumstances such as the defendant's attitude to reflect in depth on his mistake, the defendant's age, character and conduct, environment, background and consequence of the crime of this case, the circumstances after the crime, etc., are considered as follows: (a) disposal of the vehicle possessed while making the defendant not to drive under the influence of alcohol; (b) the degree of alcohol concentration in the blood of this case is relatively high; and (c) there is no other penalty force than before the judgment; and (d) the punishment of this case is determined as ordered by taking into account various sentencing conditions