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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
On April 21, 2016, the Defendant issued a summary order of a fine of KRW 3 million at the Seoul Southern District Court as a crime of violation of the Road Traffic Act.
Criminal facts
On June 20, 2020, at around 06:10, the Defendant driven a FK5 car under the influence of alcohol content of about 0.053% in a five-meter radius from the front of the road located in Sungnam-gu C Bank, Sungnam-gu, Seoul, to the front of the road located in the same Gu E in the same Gu.
Accordingly, the defendant, who violated the prohibition of drinking driving, was driving a car under the influence of alcohol again.
Summary of Evidence
1. A written statement of the defendant in court;
1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and report processing case list 112;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
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 provisional payment order was that the Defendant had been punished for drunk driving, but again committed the instant crime of drinking driving.
Considering the fact that the defendant shows an attitude against himself/herself, the degree of his/her leader is not more than 5 meters, the odometer is only 5 meters, and the fact that he/she was under the control of his/her leader after 5 meters, the major circumstances are considered, and the punishment as ordered shall be determined by comprehensively taking into account the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive and means of crime, etc.