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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On May 29, 2013, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the credit support of the Suwon District Court.
Nevertheless, around 15:24 July 18, 2019, the Defendant driven an E-motor vehicle under the influence of alcohol level of about 0.067% from the 100-meter section from the front of the Gyeonggi-si B to the front of the Gyeonggi-si D, E-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;
1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
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 with regard to a provisional payment order is that the Defendant, even though he/she had a record of drinking alcohol driving, re-driving
However, the distance of drunk driving was relatively short, and the blood alcohol concentration was relatively low at the time of committing the crime.
The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.