beta
Text
Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[criminal power] On September 17, 2013, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving on Motor Vehicle) in Gyeyang Branch of Suwon District Court on September 17, 2013.
【Criminal Facts】
On October 13, 2019, at around 21:10, the Defendant driven a D B-si car with a blood alcohol concentration of about 25 K m from the front road of Sinpo City B-si to the front road of Sinpo City C-si Community Center, while under the influence of alcohol content of about 0.051%.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Notification of the control of drinking driving;
1. Previous convictions indicated in judgment: References to criminal records, investigation reports (former and current investigation reports), and copies of summary order Acts and subordinate statutes;
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 fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order committed a second offense despite the fact that the defendant had been punished once due to drunk driving, the driving distance is considerably long, etc. that are disadvantageous to the defendant, while the defendant is against the crime, the fact that the defendant does not have any traffic accident, the criminal record of the above drunk driving is the criminal record of a fine, and there is no particular criminal record, and the fact that the blood alcohol level is low, etc. are considered as favorable to the defendant, taking into account the circumstances favorable to the defendant, and taking into account all other sentencing conditions in the records of this case.