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Defendant shall be punished by a fine of KRW 10 million.
If the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
On January 26, 2012, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act in the Hongsung Branch of Daejeon District Court on January 26, 2012.
As above, the Defendant, as a person with the power of violating Article 44(1) of the Road Traffic Act, driven Dunst cargo vehicles under the influence of alcohol from around 01:50 on February 16, 2020 to about 0.110% of blood alcohol concentration from around 1km to the road in front of the Red-gun B, Red-gun, and the road in front of C.
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. Notification of the result of crackdown on drinking driving;
1. The circumstantial statement of the employee;
1. Investigation report (report on the situation of running a motor vehicle at home);
1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order statutes attached thereto;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he/she had been punished for driving under the influence of alcohol in the past, and the quality of the instant crime is not good.
On the other hand, however, the sentencing conditions such as the defendant's mistake, the circumstances leading up to the crime of this case, the degree of drinking, the recovery and frequency of punishment due to drinking driving, the age and character of the defendant, etc. shall be determined as ordered by considering the following as a whole.