beta
Text
Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[criminal power] On July 31, 2012, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving on Motor Vehicle) in the Gyeyang Branch of Suwon District Court.
【Criminal Facts】
On June 27, 2020, at around 00:53, the Defendant driven a C BY car in the state of drunk alcohol concentration of about 0.125% from the 38km section to the front road of Gwanak-gu, Seoul Special Metropolitan City.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Report of the defendant's legal statement and the results of the crackdown on drinking driving (report on the situation of the drinking driver);
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of Acts and subordinate statutes of one copy of a summary order;
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 is that the defendant, even though he had a record of being punished for a drunk driving on around 2012, was running the instant drinking, and the blood alcohol concentration was considerably high, and the driving distance was long, and the responsibility for the crime is not less exceptionally.
However, in full view of all the circumstances, including the fact that the defendant's mistake is recognized and the occurrence of the traffic accident is not led to the occurrence of the traffic accident due to the drinking driving in this case, the drinking driving in this case takes place after the lapse of a considerable period from the previous crime of drinking driving, and the defendant's age, environment, occupation, occupation, family relationship, circumstances after the crime, and circumstances after the crime, etc., the punishment as set forth in the records shall