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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
[Criminal Power] On November 12, 2009, the Defendant received a fine of KRW 1,500,000 from the Daegu District Court Branch of the Daegu District Court as a crime of violation of the Road Traffic Act (driving).
【Criminal Facts】
On May 16, 2020, at around 05:28, the Defendant driven a D low-priced car while under the influence of alcohol leveling 0.108% from the 5km section from the roads near C store in permanent residence C, to the interest class 2, in the same city of interest.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. The defendant's legal statement, the criminal place of occurrence of the case, the autopsy report, the circumstantial statement of the drinking driver, the investigation report (report on the circumstances of the drinking driver), a copy of the notification of the control of drinking driving, and the next inquiry; and
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
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 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 is that the Defendant again committed the crime of drunk driving even though he/she had the record of two times punishment for the same kind of crime, is disadvantageous to the Defendant.
However, the fact that the defendant recognized the crime of this case and reflected, and that the defendant has no record of punishment beyond the fine is favorable to the defendant.
Other circumstances, such as the occupation, age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined.