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Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On February 27, 2009, the Defendant issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Jeju District Court on February 27, 2009, and on November 29, 2013, the Defendant issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the leisure branch of the Suwon District Court on November 29, 2013.
On September 1, 2019, around 01:41, the Defendant driven the E-cargo while under the influence of alcohol level of about 0.104% from the Do in front of the C in Ischeon-si B to the Do in front of the D-si in Ischeon-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of a drinking driver, investigation report, notification on the control results of drinking driving and the report on the situation of drinking driving;
1. Previous convictions indicated in judgment: Criminal records, their respective dispositions and report on results of confirmation, and application of Acts and subordinate statutes attached to summary orders;
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. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the Defendant once driven a drinking alcohol again even though he/she had the record of drinking alcohol driving twice.
However, the distance of drinking driving is relatively short.
The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.