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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 December 23, 2009, the Defendant received a summary order of KRW 2,50,00,000 as a fine for the violation of the Road Traffic Act from the Suwon District Court as a matter of violation of the Road Traffic Act.
Nevertheless, at around 22:25 on May 16, 2020, the Defendant driven an E-7 car under the influence of alcohol with approximately 0.075% of blood alcohol concentration from the 1km section from the front of the wife B market to the front road located in C.
As a result, although the defendant had a record of punishment for drunk driving, he again carried out a drunk driving and violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, investigation report, and result of measurement of drinking;
1. Records before judgment: Criminal history records, etc. and application of one copy of a summary order;
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 is that the Defendant again committed the instant crime even though he/she had the record of being punished for a drunk driving as stated in its reasoning, and that there is no motive or circumstance to consider the commission of the instant crime is disadvantageous to the Defendant.
On the other hand, the fact that the defendant recognized the crime of this case, and that there was no record of criminal punishment for not less than 10 years from the previous conviction to the crime of this case 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.