beta
Text
Defendant shall be punished by a fine of 12 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[criminal power] On May 11, 2010, the Defendant was issued a summary order of KRW 3 million at the Jung-gu District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
Although the Defendant had been subject to punishment for drunk driving as above, the Defendant driven a two-wheeled motor vehicle under the influence of alcohol at approximately 0.092% of alcohol alcohol level from the front side of the “C” located in Jeju-si on November 13, 2019 to the front side of the “Erenk” located in D at Jeju-si. In addition, the Defendant driven a two-wheeled motor vehicle under the influence of alcohol level of about 3km.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the regulation of drinking driving;
1. Related photographs;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order has a record of having been punished by a fine in 2005 and 2010 for drinking driving, and has been punished several times due to driving without a license.
Nevertheless, the crime of this case was committed again.
However, the sentencing conditions, such as the defendant's age, character and behavior, environment, motive for the crime, circumstances after the crime, etc., are determined as ordered by considering the following facts: the defendant's recognition of and reflects the crime, but has long been used for drinking, and there is no record of drinking after 2010, and there is no record of drinking after the records and arguments of this case.