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Defendant shall be punished by a fine of KRW 13 million.
If the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
[Criminal Power] On August 12, 2009, the Defendant was issued a summary order of KRW 2 million by the Seoul Southern District Court as a crime of violation of the Road Traffic Act.
【Criminal Facts】
On December 17, 2019, at around 01:40, the Defendant driven C or a vehicle while under the influence of alcohol of about 0.158% of alcohol concentration from the 1km section to the front road of Gangnam-gu Seoul, Gangnam-gu.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the status of a drinking driver, the report on the status of a drinking driver, and the written appraisal of alcohol;
1. Previouss before judgment: Criminal records, reply reports, and the application of Acts and subordinate statutes of the ordinary case inquiry;
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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant repeats the driving of drinking alcohol; (b) the fact that the Defendant is considerably high in both the drinking alcohol level and the previous drinking alcohol level is found to be disadvantageous to the Defendant; (c) the Defendant’s previous drinking alcohol level was exposed once more than ten years prior to the previous fine; and (d) there was no record of punishment heavier than the previous fine; and (c) the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (d) the punishment is determined as ordered in consideration of various sentencing conditions shown in the argument of the instant case, such as the circumstances after the crime.