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Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Power] On November 25, 2012, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court as the Road Traffic Act (driving).
【Criminal Facts】
On November 4, 2019, at around 20:32, the Defendant driven a motor bicycle at a section of about 100 meters from the influent Nowon-gu B B to the front road of the same city at approximately 100 meters, while under the influence of alcohol by 0.106 percent of blood alcohol concentration.
As a result, the Defendant violated the Road Traffic Act at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Inquiry about the results of the control of drinking driving;
1. The circumstantial statement of the employee;
1. Report on the circumstances of the driving of a motor vehicle;
1. Inquiry into the enemy;
1. Previous convictions: Application of Acts and subordinate statutes to criminal records, investigation reports (verification of the same criminal records as suspects), and copies of summary orders issued before the Incheon District Court 2012 High Court Decision 3145;
1. Article 148-2(1) and Article 44(1) of the Road Traffic Act (amended by Act No. 1481, Apr. 19, 2019; Act No. 1485, Apr. 26, 2019; Act No. 1485, Apr. 26, 2019; Act No. 1485, Apr. 26, 2019; Act No. 14885, Apr. 26, 2019; Act No. 1485, Apr. 26, 2019; hereinafter referred to as “the instant crime”). Considering the above, Defendant should be punished by a fine, taking into account: (a) the confession and depth of the instant crime; and (b) the Defendant did not have been punished for drinking driving after 2012.
1. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (resumed circumstances in the preceding way);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.