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Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On November 21, 2011, the Defendant was issued a summary order of KRW 3 million by the Seoul Northern District Court as a crime of violating the Road Traffic Act.
On June 3, 2020, the Defendant was under the influence of alcohol of 0.177% with blood alcohol concentration around 00:39 on June 3, 2020, and was driving B rocketing car at approximately 15 Km from the detailed roads in Dongdaemun-gu Seoul, Dongdaemun-gu to the roads in front of Lone Star in Seoul Special Metropolitan City, Nowon-ro 450.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act at least twice.
Summary of Evidence
1. The defendant's legal statement, the report on the circumstances of the driver, the investigation report (report on the circumstances of the driver), the site photograph, and the results of the crackdown on drinking driving;
1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, and results of confirmation;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
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 on the order of provisional payment was found to the police officer who was dispatched after receiving a report of 112 vehicle for drinking driving, regardless of whether the Defendant was temporarily in a vehicle standing on the road.
The punishment as ordered shall be determined by taking into consideration the following circumstances: (a) the blood alcohol concentration level at the time of crackdown, the interval between previous years of drinking alcohol, the defendant reflects his mistake; (b) there is no criminal record other than the previous criminal records due to driving under the influence of alcohol in the judgment; and (c) the fact that the defendant is the best support for his family, which is clear social ties, such