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Defendant shall be punished by a fine of 12,000,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Power] On August 26, 2005, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act. On October 2, 2008, the Defendant received a summary order of KRW 2 million from the Suwon District Court to a fine of KRW 2 million for a violation of the Road Traffic Act.
【Criminal Facts】
On May 27, 2020, at around 02:35, the Defendant driven a Da QM6 car under the influence of alcohol concentration of about 0.164% at a distance of about 10km from around 97 C parking lot located in Suwon-si, Suwon-si, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Application of second-class Acts and subordinate statutes to criminal records, repeated statements and copies of summary order;
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 under Article 334(1) of the Criminal Procedure Act, even though the Defendant had been punished twice by a fine due to a drunk driving, he/she also driven the instant drinking vehicle, and the drinking volume and the driving distance was reasonable, and the contact accident occurred.
In this context, considering the purpose of the amendment of the statutory penalty raised, the quality of the crime is not somewhat weak.
However, considering the fact that the defendant is led to confession and reflect, that there was no record of criminal punishment for the last ten years, that there was a direct police report, etc., other factors such as the defendant's age, attitude, environment, driving circumstances, blood alcohol concentration level, circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account various sentencing conditions as shown in the records and arguments.