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Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Justice] On April 10, 2020, the Defendant was under the influence of alcohol at around 06:50 on April 10, 202, and was sentenced to a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Suwon District Court on June 19, 2020.
【Criminal Facts】
On May 8, 2020, at around 03:53, the Defendant driven a DM5 car under the influence of alcohol level of about 0.067% in the section of about 30 meters from the front of Suwon-si B to the front of Suwon-si C, Suwon-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;
1. Previous records: Criminal records, etc. inquiry reports and application of summary order-related Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement 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 committed the instant crime without being able to do so within one month from the time he/she was under control even though he/she had a record of being punished for a drunk driving as stated in its reasoning.
On the other hand, the fact that the defendant recognized the crime of this case and scrapped the vehicle used for the crime of this case, and that the defendant is relatively short of the distance of driving under the influence of alcohol, is favorable to the defendant.
Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.