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Defendant shall be punished by a fine of KRW 7 million. If the Defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[Criminal Power] On June 8, 2009, the Defendant was issued a summary order of KRW 1 million by the Seoul Southern District Court as a violation of the Road Traffic Act (driving).
【Criminal Facts】
On April 29, 2020, at around 22:33, the Defendant driven a F Poter Cargo with about 800 meters alcohol level 0.138% under the influence of alcohol level 0.138% on the road front of the E- Party located in the same Do as the C convenience store located in Gyeonggi-si B.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Report on detection of the accused's legal statement of the driving of the driving of the driving of the driving of the driving of the driving of the driving of the driving of the driver, report on the circumstances of the driving of the driver, investigation report (report on the circumstances of the driving of the drinking driver), notification of the results of the
1. Previous records: Application of criminal records, inquiry reports and summary order-related 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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
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 a provisional payment order is that the Defendant, even though he had a record of drinking driving, was driving under drinking again, and the degree of blood alcohol concentration at the time was high.
However, the section of drinking driving was relatively short, and the record of drinking driving was ten years prior to that of drinking driving.
The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.