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Defendant shall be punished by a fine of KRW 14,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On September 26, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.
On November 8, 2019, at around 23:40 on November 23:40, the Defendant driven a C-do motor vehicle while under the influence of alcohol concentration of about 0.046% from the 2km section of approximately 2 km from the G-gu in Suwon-si to the front of the Suwon-gu in Suwon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the occurrence of the case;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. Records of judgment: Application of criminal records, inquiry and Acts and subordinate statutes;
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 of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case is that the defendant, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not that of the latter.
The defendant has been punished for a fine because he/she has already been discovered through drinking driving twice.
However, in light of various circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of crime, means and consequence of crime, etc., the sentencing conditions indicated in the records shall be determined as ordered, taking into account the following circumstances: (a) the defendant recognized the crime of this case as well as his mistake; (b) the amount of blood alcohol concentration due to drinking of this case is not high; (c) the defendant has no record of punishment more than a suspended sentence; and (d) the defendant has been punished for a limited period of not less than 11 years since the date of the crime of this case.