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Defendant shall be punished by a fine of 6 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[Criminal Power] On February 8, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On September 19, 2019, at around 01:12, the Defendant driven a DNA car in the state of alcohol with approximately 2 km alcohol concentration of 0.085% from the road near Ulsan-gu, Ulsan-gu, to the Taedo-dong, Taedo-dong, the same Gu-dong.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Inquiry into the result of the crackdown on drinking driving;
1. Previous convictions indicated in judgment: Criminal records, investigation reports (report on confirmation of the same criminal records as a suspect), and copies of summary order statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Fine)
1. Article 53 and Article 55(1)6 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant,
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334(1) of the Criminal Procedure Act provides that a motor vehicle under the influence of alcohol is not suitable for the quality of the crime after driving the motor vehicle under the influence of alcohol even though there was a record of punishment for driving under the influence of alcohol prior to the reason for sentencing, the defendant's blood alcohol concentration level is not low at the time, and the criminal liability is not easy because the defendant committed the crime for driving under the same kind of crime even though he had recently been punished for the same crime, and the possibility of criticism is not small.