Text
Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Power] On August 26, 2011, the Defendant was sentenced to a fine of KRW 2.5 million by the Suwon District Court as a violation of the Road Traffic Act (driving).
【Criminal Facts】
On May 29, 2020, the Defendant driven a Crane car at a 1m section of approximately 0.178% alcohol level while under the influence of alcohol at the ground parking lot B at Speaker-si on May 29, 2020.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employer, investigation report, and expert report of the employer;
1. Previous records: The application of criminal records, inquiry and other 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, even though the Defendant had a record of being punished by a fine due to a drunk driving, he/she also driven the instant drinking driving and caused the contact accident.
In this context, considering the purpose of the amendment of the law that is increased by statutory penalty, the quality of the crime is not weak.
However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction other than the above previous one, the fact that the damage is relatively minor, etc., the following factors are taken into account: the defendant's age, attitude, environment, developments and distance, circumstances after the crime, etc., and the various sentencing conditions shown in the records and arguments shall be determined as ordered.