beta
Text
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On March 17, 2017, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act.
On August 06, 2019, at around 05:52, the Defendant driven C Lerober vehicle while under the influence of alcohol 0.032% of blood alcohol concentration from the Hancheon-gu, Seocheon-gu to the roads of the same Gu B.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of a drinking driver, report on the situation of a drinking driving, and inquiry into the results of the crackdown on drinking;
1. Previous records: Application of inquiries, such as criminal records, etc., investigation reports, and copies of summary orders;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
1. Articles 53 and 55 (1) 3 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. In a case where the provisions on prohibition of drinking driving are violated two times or more, taking into account the fact that the defendant's mistake and reflects the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the blood alcohol concentration is lower than 0.032%, the person driving at a night, driving at a short distance, and driving at a short distance, and the fact that there was a record of being punished once by a fine due to drinking driving, the lower limit of imprisonment under Articles 148-2(1) and 44(1) of the Road Traffic Act is two years, and the lower limit of fine is 10 million won, but the defendant appears to be an excessive penalty. As such, the lower limit of fine is specially mitigated and the sentence is determined as per the order.