beta
Text
Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On April 8, 2005, the Defendant received a summary order of KRW 1 million as a violation of the Road Traffic Act (driving) from the Busan District Court Branch Branch of Incheon District Court on April 8, 2005, and a summary order of KRW 2 million as a fine in the same court on October 31, 2008, respectively.
On September 11, 2019, the Defendant, while under the influence of alcohol at 0.074% of blood alcohol concentration, driven a F Sspke car on the road located in the front of the cafeteria Kimpo-si B “C” restaurant at the same time, up to approximately 500 meters of the road in front of the cafeteria at the same time.
As a result, the defendant violated the Road Traffic Act (driving) more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. Investigation report (report on the circumstances of an immigration driver);
1. Notification of the result of crackdown on drinking driving;
1. Previous records of judgment: Application of inquiry reports and investigation reports (suspects' previous records and confirmations) and statutes, including criminal records;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are all recognized, and the punishment shall be determined by taking into account all the sentencing conditions shown in the pleadings of the instant case, such as the number of blood alcohol concentration, driving distance, the frequency and time and interval of the crime, the family relation, age, character and conduct, environment, circumstances of the crime, and circumstances after the crime.