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Defendant shall be punished by a fine of KRW 8,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Criminal facts
Some of the facts charged were corrected.
On October 10, 2014, the Defendant received a summary order of a fine of three million won for a violation of the Road Traffic Act from the Seosan Branch of the Daejeon District Court on October 10, 2014.
Nevertheless, at around 20:53 on January 15, 2020, the Defendant, while under the influence of alcohol of 0.063% of blood alcohol concentration, violated the F Poter II Regulations by driving F Poter and driving a motor vehicle at approximately 200 meters in front of the road located in Gwangju City “C” in front of the frequency of “E” on the road located in Gwangju City, at least two occasions.
Summary of Evidence
1. The application of Acts and subordinate statutes of the defendant's statutory statement, circumstantial statement, reporting on the results of the crackdown on drinking driving, criminal history records, and summary order (investigative records 40 pages);
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, driven a cargo vehicle under the influence of alcohol level 0.063%, even though he/she was punished by a fine due to drinking alcohol around 2014.
This is considered as a major situation, but the defendant has a attitude to recognize and reflect the defendant's mistake, and the defendant has no other criminal records other than the previous criminal records for the last 20 years, and the defendant has no other criminal records, and the defendant's age and character, environment, motive, means and consequence, etc. shall be determined as ordered in consideration of the overall circumstances, such as the circumstances after the crime.