Text
Defendant shall be punished by a fine of KRW 13,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[criminal history] On October 29, 2013, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Suwon Flag Flag.
[2] On November 18, 2020, the Defendant driven a e-learning car under the influence of alcohol concentration of about 0.225% from the 5km section to the front road of the Da apartment building D at the same time from the Do in the city of Osan-si, B apartment at the same time, the Defendant driven a e-learning car under the influence of alcohol level of about 0.25%.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report, notification of the results of crackdown on drinking driving, and report on internal investigation (F telephone conversations for a witness);
1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;
1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is that the Defendant was punished by a fine due to drinking alcohol driving at another time, and the occurrence of the accident was also likely because the alcohol concentration level at the time was very high. In light of the purport of the amendment of the Aggravated Punishment Act that increased the statutory penalty, the nature of the crime is not weak.
However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction other than the above previous conviction, and the fact that the accident does not lead to the accident, other factors such as the defendant's age, attitude, environment, circumstances, distance, and circumstances after the crime are considered, the punishment as ordered shall be determined by taking into account the various factors of sentencing as shown in the records and arguments.