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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
On July 13, 2009, the Defendant was issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court.
The defendant is a person who drives a vehicle for the first time in the B body owned by the defendant.
On August 22, 2020, the Defendant driven the said vehicle at a section of about 6 km from the front corner of a restaurant near the petition-gu C hotel in the Cheongju City to the front corner of the Cheongju City, while under the influence of alcohol content of 0.058% during blood transfusion at around 3:10.
Summary of Evidence
1. Statement by the defendant in court;
1. A statement of the situation of a driver driving a drinking alcohol, a survey report on the actual situation, the scene of an accident, and vehicle photographs (No. 3 of the evidence list);
1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;
1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment is that the defendant committed the instant crime even though he had the record of being punished for the same kind of criminal offense, and the liability for such crime is not exceptionally applied.
However, human damage did not occur due to the instant crime, and the alcohol concentration of the Defendant’s blood was relatively high at the time of committing the instant crime.
The defendant has no record of criminal punishment except for the previous conviction, and is able to lead the crime of this case in good faith without recommitting the crime of this case.
In addition, in consideration of all the sentencing conditions shown in the arguments, such as the age, sex, environment, and motive of the crime of the defendant, a fine (10 million won) shall be imposed within the scope of the punishment by law.