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Defendant shall be punished by a fine of nine million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[Criminal Power] On April 11, 2019, the Defendant was issued a summary order of KRW 4 million by the Incheon District Court due to a violation of the Road Traffic Act (driving).
【Criminal Facts】
On June 2, 2020, at around 01:25, the Defendant driven a B 5-car under the influence of alcohol level of 0.104% in a section of approximately 100 meters from the road located in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, to the road located in front of the 18 Central District Zone in the same Gu.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of a drinking driver, the notification of the results of the drinking driving control, and the details of control;
1. Previous records: Application of criminal records, etc. and investigation reports (verification of records of driving sound and attachment of summary orders) Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the selection of fines for the crime of this case (Consideration of the details and circumstances of the crime of this case, the blood alcohol concentration, the criminal records of the accused, etc.);
1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;