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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 October 30, 2019, the Defendant received a fine of KRW 5 million for a violation of the Road Traffic Act (driving) from the Daegu District Court’s Ansan Branch on October 30, 2019.
【Criminal Facts】
On March 15, 2020, the Defendant driven a F low-speed car with an alcohol level of 0.074% 0.074% under the influence of alcohol in the section of about 8km from the C parking lot located in the permanent residence B at around 18:38 to the front road in the same city D.
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. Criminal place, report on occurrence of the case, inquiry into the results of the control of drinking driving, report on the state of drinking drivers, investigation report (report on the state of drinking drivers), and register of driver's licenses;
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 of the order of provisional payment is that the Defendant again committed the instant crime of drinking alcohol even though he/she had a record of being punished for the same kind of crime around 2019, is disadvantageous to the Defendant.
However, the fact that the defendant recognized the crime of this case and reflects it, and that the defendant has no criminal power, other than twice a 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.