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Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
On June 17, 2015, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court.
On October 21, 2020, the Defendant driven DNA car from the underground parking lot of the building near Bupyeong-si B around Seocheon-si to the roads near the same city to approximately 40 meters under the influence of alcohol concentration of about 0.051% in blood.
Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;
1. Previous convictions: Application of the results of inquiry, such as criminal history, and a copy of the summary order, as prescribed by statutes;
1. Relevant Article 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines concerning facts constituting an offense, and the choice of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order had a record of being punished once due to drinking driving, the crime of this case, which resulted in considerable danger to road traffic, is not exceptionally applied in that the defendant again committed the crime of this case.
However, it shall be considered in favor of the fact that the defendant recognizes the crime and reflects the fact that the traffic accident has not occurred.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the number of alcohol concentration in blood and the distance operated in drinking condition, the age, sex, environment, circumstances leading to the crime, circumstances leading to the crime, etc., and the overall sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime.