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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 June 21, 2012, the Defendant was issued a summary order of KRW 1 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.
On November 28, 2019, the Defendant was under the influence of alcohol level of 0.064% on blood alcohol level at around 23:01, the Defendant driven a D-do-purd vehicle from approximately 5km to C in the front road located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu to the cafeteria located in the same city.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. To check the results of the drinking driving control (Evidence No. 3);
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;
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. Mitigation of discretionary mitigation under Articles 53 and 55(1)6 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, even though he was punished as a drunk driving, has a high possibility of criticism and social risks.
However, considering the fact that the drinking water of this case is not high compared to other cases, and that there is no record of punishment other than the above drinking water driving, and there is no time interval between the above previous conviction and the date of the crime of this case, the defendant shall be punished by a fine.
The amount of the fine shall be determined as per the order within the scope of the sentencing, after reducing the amount in consideration of the above sentencing factors favorable to the defendant.