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Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
[Criminal Power] On September 30, 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】
Although the Defendant had the history of violating Article 44(1) of the Road Traffic Act, on January 2, 2020, the Defendant, while under the influence of alcohol 0.142% at around 22:58, driven a DNA car at approximately 500 meters from the 500-meter section to the front road of the entrance of Gwangju City, Gwangju City, Gwangju.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Previous convictions in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes of summary order attached thereto;
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 of Article 334(1) of the Criminal Procedure Act on the provisional payment order is not only a crime that is highly likely to infringe on the life and property of others, and thus, it is highly necessary to strictly punish the defendant, and the blood alcohol concentration of the defendant is relatively high.
However, considering the fact that the defendant recognized his mistake and reflects, that the defendant has no criminal records other than once before and after a fine for drunk driving in 2009, and other various circumstances shown in the arguments, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, etc., the punishment as ordered shall be determined.