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Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On April 11, 2008, the Defendant was sentenced to a summary order of one million won by a fine for a violation of the Road Traffic Act at the Suwon District Court on the same day, and on August 14, 2009, the same court received a summary order of four million won by the same crime. On November 23, 2012, the same court was sentenced to a summary order of ten million won by a fine for the same crime. On February 1, 2013, the judgment became final and conclusive.
Criminal facts
On July 31, 2012, around 23:10, the Defendant driven a C-learning car at approximately 0.136% under the influence of alcohol concentration of 0.136% in a section of approximately 6km from the front day of the half-month Park in Young-gu, Young-gu, 1012-4, Suwon-gu, Suwon-si, to the roads located in Suwon-si 509.
Summary of Evidence
1. Defendant's legal statement;
1. Records of the measurement of drinking alcohol, and report on the circumstantial statement of the drinking driver;
1. Previous records: Criminal history records, etc., and application of Acts and subordinate statutes for investigation reports (a separate final and conclusive judgment);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;
1. Crimes under the latter part of Articles 37 and 39 (1) of the Criminal Act dealing with concurrent crimes (trade between a violation of the Road Traffic Act at the time of marketing and a violation of the Punishment of Violences, etc. Act, for which judgment has become final and conclusive;
1. Articles 70 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 has the same kind of records to the defendant several times (in particular, there has been records of having been sentenced three times or more due to drinking driving from around 2004 due to drinking), blood alcohol concentration, and other various circumstances such as the defendant's age, character and conduct, and surrounding environment as shown in the trial process of this case.
It is so decided as per Disposition for the above reasons.