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Defendant shall be punished by a fine of KRW 8,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Criminal facts
Some of the facts charged were corrected.
On November 12, 2018, the defendant received a summary order of a fine of two million won for a violation of the Road Traffic Act from the Sung-nam branch of Suwon District Court on November 12, 2018.
Nevertheless, at around 22:30 on March 21, 2020, the Defendant, while under the influence of alcohol of 0.032% of blood alcohol level, committed a violation of the prohibition of drinking driving by driving an Emari vehicle at approximately 500 meters from the front road of Gwangju City to the front road of the same city in Gwangju City, at least twice.
Summary of Evidence
1. The application of Acts and subordinate statutes of the defendant's statutory statement, circumstantial statement, reporting on the results of the crackdown on drinking driving, criminal records, and summary order (investigative records 57 pages);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, driven a car under the influence of alcohol level 0.032% of the blood alcohol level again even though he/she was punished by a fine due to drinking around 2018.
It shall be taken into account the fact that the defendant shows an attitude of recognizing and reflecting the mistake, and there is no other criminal records except for the previous criminal records and the previous criminal records once, and other circumstances such as the age and character of the defendant, the environment, motive, means and consequence of the crime, the punishment as ordered shall be determined in consideration of the circumstances after the crime.