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Defendant shall be punished by a fine of 12,000,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Records] On June 29, 2012, the Defendant was sentenced to a fine of KRW 3 million to a fine of KRW 1 million by a general military court of the Army Water Supply and Waterworks Common Military Court of the Army as a crime of violating the Road Traffic Act.
[Criminal facts] On August 23, 2020, the Defendant driven a BN-si car under the influence of alcohol level of about 0.166% in the section of approximately 2 Km and under the influence of alcohol level of about 0.166% in the middle street of the same city from the insular area of Suwon-si, Suwon-si, Suwon-si (hereinafter referred to as the “TN-si”), to the upper street of about 60 meters in front of the same city.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of the driver who is to be placed in driving, investigation report (report on the circumstances of the driver who is placed in driving in driving), and notification of the results of regulating
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Although the Defendant had a record of being punished by a fine for driving under the influence of alcohol once, the Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, was driving under the instant drinking, and in light of the volume of drinking at the time, the detection site photograph, etc., the risk of the occurrence of the accident was not significant
In this context, considering the purpose of the amendment of the amended law, if the statutory penalty is raised, the quality of the crime of the defendant is not less than that of the defendant.
However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction other than the above previous conviction, and the fact that the accident does not lead to the accident, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, distance, alcohol concentration level in blood, circumstances after the crime, etc., and various sentencing conditions as shown in the records and arguments.