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Defendant shall be punished by a fine of KRW 8,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Power] On December 21, 2007, the Defendant received a summary order of a fine of one million won for the crime of violating the Road Traffic Act at the Daejeon District Court on December 21, 2007
【Criminal Facts】
On May 2, 2020, the Defendant driven a E-car under the influence of alcohol 0.070% in the section of approximately 1 km from the upper corner of C in the Ansan-si B to the front corner of D on May 2, 2020.
As a result, the defendant violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial report on the driving of a driver, the circumstantial statement of the driver, and the investigation report (the circumstantial report of the driver);
1. Notification of the result of crackdown on drinking driving;
1. Previous records of judgment: Application of inquiries, such as criminal records, and investigation reports (Attachment to a summary order of the same kind of power);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;
1. Articles 53 and 55 (1) 6 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. According to Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for the crime, means and consequence of the crime, and the circumstances after the crime.
The circumstances that have already been punished for driving under the influence of alcohol but are favorable to the driving under the influence of alcohol: The fact that the crime is recognized and reflected, the blood alcohol concentration level at the time of detection is relatively low, there is no circumstance that the risks associated with the driving under the influence of alcohol are realized, and the latter is also cooperative attitude in the enforcement process, and the latter is recidivism after more than 10 years have passed since the previous previous conviction.