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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 April 14, 2010, the Defendant was issued a summary order of KRW 2,50,000 as a crime of violating the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court.
【Criminal Facts】
Although the Defendant had the history of violating Article 44(1) of the Road Traffic Act, on December 7, 2019, the Defendant once again driven a F Sp-type car from the 2km section to the D Apartment E-dong parking lot in front of the “C” in Gwangju City while under the influence of alcohol concentration of 0.080%, at around 0:37, Dec. 7, 2019.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);
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 was that the Defendant had been punished for drunk driving, but again committed the instant crime of drinking driving.
Considering the unfavorable circumstances that there are many kinds of records that have been punished for drunk driving together with blood alcohol concentration, odometer, danger, and the fact that the record of drunk driving is relatively old, each considered in favor of the fact that the record of drunk driving is relatively old.
In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive and means of crime, etc. of the accused, shall be determined as ordered.