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
Punishment of the crime
[Criminal Power] On July 21, 2008, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the Incheon District Court.
【Criminal Facts】
On June 17, 2020, the Defendant, as above, once again driven a DNA car with a blood alcohol concentration of about 0.086% from the Do in front of Busan to the front of the road of about 50 meters from the Do in the direction of about 0.086%, and again violated Article 44(1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. The defendant's legal statement, the circumstantial statement, the report on the circumstances of the driving under the influence of alcohol, the notification on the results of the control of the driving under the influence of alcohol, and the on-site photograph report on the use of the dactbling
1. Previous convictions in judgment: Criminal records, investigation reports (Attachment to a summary order, etc. of a suspect's drinking driving record), and application of each summary order statutes;
1. The pertinent provision on criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act (a) of the option of punishment; (b) selection of fines (a defendant is sentenced to a fine of KRW 500,00,00 for a drunk driving in 2002; and (c) a fine of KRW 1 million for a drunk driving in 2008; and (d) again committed the instant crime, there is a risk of repeating a crime: Provided, That even though the defendant has been sentenced to a fine of KRW 50,00 for a drunk driving in 2008, he/she again committed the instant crime; (c) the defendant has no record of being punished for a drunk driving after 208; and (d) the defendant has no record of criminal punishment exceeding a fine until now; (d) the defendant has no record
1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.