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Defendant shall be punished by a fine of KRW 6,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On July 10, 2009, the Defendant was issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court’s Dong Branch. On June 23, 2010, the Defendant was sentenced to a suspended sentence of 2 months for a crime of violating the Road Traffic Act at the Busan District Court. On January 16, 2015, the Defendant was sentenced to a suspended sentence of 2 years for a crime of violating the Road Traffic Act at the Busan District Court. On January 16, 2015, the Defendant was released on August 14, 2015 during the execution of the sentence at the Seoul Western District Court’s Southern District Court, and was released on September 15, 2015.
On 18, 2017. 07:40 on 07:0 on 18, the Defendant driven B’s CCCB car at the section of approximately 150 meters from the telecom with alcohol level of 0.115% in the city where the Plaintiff was under the influence of alcohol level of 0.15%.
Therefore, even though the Defendant violated two times or more due to drinking, the Defendant was driving a motor vehicle under the influence of alcohol as above.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Summary order or judgment;
1. Previous conviction: A written inquiry about criminal history, the personal acceptance status, and the application of the judgment text and other statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, driven alcohol during the period of repeated crime even though he/she had a record of being punished for driving alcohol.
However, all of the crimes are recognized and reflected by the defendant, and the crime of this case was committed by the defendant after drinking the preceding day, but there are circumstances to consider the following as being exposed to the crackdown.
In addition, all the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sex, environment, family relationship, motive and circumstance after the crime, etc.