beta
Text
Defendant shall be punished by a fine of KRW 10 million.
If the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
On November 1, 2010, the Defendant received a summary order of KRW 700,000 from Daejeon District Court as a crime of violation of the Road Traffic Act.
On April 12, 2020, the Defendant, as a person with the power of violating Article 44(1) of the Road Traffic Act, driven a e-low-income motor vehicle under the influence of alcohol at approximately 0.068% in the section of about 6 km from the front of the C cafeteria located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do to the front of the same military DD complex.
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. Notification of the result of crackdown on drinking driving;
1. The circumstantial statement of the employee;
1. Investigation report (report on the situation of running a motor vehicle at home);
1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order statutes attached thereto;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he/she had been punished for driving under the influence of alcohol in the past, and the quality of the instant crime is not good.
However, in full view of the following factors: (a) the defendant has recognized his mistake; (b) the defendant has no particular criminal records except for those subject to criminal punishment twice by fine; (c) the circumstances leading up to the crime of this case; (d) the degree of drinking alcohol; (d) the recovery and frequency of punishment due to drinking driving; and (e) the age and character and conduct of the defendant;