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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
On February 23, 2016, the Defendant was issued a summary order of KRW 1,50,000 by the Suwon District Court to a fine for a violation of the Road Traffic Act.
Nevertheless, at around 01:03 on January 18, 2020, the Defendant driven a car Ei30% while under the influence of alcohol leveling 0.116% from the 2km section to the front road of the D apartment in the Young-gu, Young-gu, Singu, Suwon-si, Suwon-si.
As a result, the defendant, even though he had been punished for a drunk driving, has re-driving and violated it more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and investigation report (report on the circumstances of drinking drivers);
1. Previous records: Application of inquiries, such as criminal records, and summary order-related Acts and subordinate statutes;
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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant was punished by a fine due to a relatively recent drinking driving, and the blood alcohol concentration level at the time was significantly high. In light of the risk of the occurrence of the accident and the purport of the amendment of the Act increased by the statutory penalty, the nature of the crime is not easy.
However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.