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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
On July 23, 2003, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act at the Gwangju District Court on July 23, 2003, and a fine of KRW 4 million as a same crime in the same court on March 31, 2015.
On November 19, 2020, the Defendant driven an Eststren car at approximately 150 meters from the roads in front of the C Station in Gwangju Mine-gu to the same Gu, while under the influence of alcohol level of 0.064% among the blood transfusions around 21:25, the Defendant driven an Eststren car from around 150 meters to the same Gu roads.
Accordingly, the defendant violated the prohibition of drinking under the Road Traffic Act more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the result of regulating drinking driving;
1. Records of the judgment: References to inquiries, such as criminal history, investigation reports (Attachment to a summary order), application of the summary order statutes;
1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the selection of fines for criminal facts;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is that the Defendant once was punished for driving under drinking, and thus, the Defendant is highly likely to be subject to criticism.
However, considering the fact that the alcohol concentration level among the blood of this case was not very high, there is time interval between the criminal defendant's previous record of drinking alcohol and the date of the instant crime, there is no record of criminal punishment except twice the criminal facts indicated in the judgment, and the criminal defendant repents the wrong facts, etc., a fine shall be imposed on the defendant.
The amount of the fine shall be determined as ordered by comprehensively taking into account the factors of the above sentencing as well as all the factors of the sentencing, including the defendant's age, sex, environment, and the process of detection of the crime in this case.