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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
[Criminal Power] On June 13, 2012, the Defendant was sentenced to a fine of KRW 1,500,000 as a crime of violating the Road Traffic Act.
【Criminal Facts】
On December 21, 2019, at around 00:40, the Defendant driven a CKan knife vehicle while under the influence of alcohol 0.155% in the section of approximately 500 meters from the front of Gangnam-gu Seoul to the front of the same Gu.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the status of the driver;
1. A notification slip of the result of drinking driving control;
1. Previous records before ruling: Criminal records, repeated statements, investigation reports (Attachment to the same type of power data), and application of Acts and subordinate statutes of a summary order;
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. In view of the reasoning of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of sentencing] 10,000,000 won or more from 20,000 won to 12,00,000 won (Pronouncement decision] fine 12,00,000 won, the Defendant already committed the instant drinking driving even though he had the record of criminal punishment due to drunk driving, and the Defendant’s liability for the crime is considerably less than that of blood alcohol concentration.
However, the sentencing conditions of the instant case, such as the Defendant’s age, character and conduct, environment, circumstances after the crime, etc., are considered in light of the fact that the Defendant’s mistake appears to be close and reflect, the driving of the instant drinking, which led to the occurrence of traffic accidents, and other various sentencing conditions indicated in the pleadings of the instant case, such as the Defendant’s age, character and behavior, environment