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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
The defendant is a person who has received a summary order of a fine not exceeding four million won from the Daegu District Court on May 25, 2018 due to the violation of the Road Traffic Act.
At around 02:50 on October 9, 2019, the Defendant driven CMW car from around 70 meters to around 20 meters from the road front of the main place where it is impossible to identify the trade name in the Gyeong-dong in the Gyeong-dong in the state of alcohol concentration of 0.10%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the status of a drinking driver, report on the status of a drinking driver, inquiry into the results of the regulation of drinking driving, license register, and making an inquiry into the enemy;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);
1. Relevant provisions of Article 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Sentencing does not apply to the sentencing criteria. 2. The reason for sentencing was that a citizen who suffered a traffic accident caused by drinking driving on September 25, 2018 was missing from brain death and that a case which eventually lost his/her life occurred.
Due to this case, our society's awareness about drinking driving has increased, and the following national consensus has been formed.
The driving of a motor vehicle(including a motorcycle) itself carries the risk of a traffic accident.
Accordingly, the law imposes various obligations to prevent traffic accidents and to ensure safe driving on drivers such as motor vehicles.
Driving in drinking condition is an act of increasing the above risk of driving.
Since drinking driving leads to the occurrence of serious damage to human life, the illegality of drinking driving itself should be seriously assessed.
The risk of traffic accidents is very high solely on the ground that there was no serious loss of human life as a result of drinking driving.