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Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On October 23, 2012, the Defendant issued a summary order of KRW 3 million to the Daegu District Court for a violation of the Road Traffic Act, and on February 20, 2018, a summary order of KRW 3 million to the Cheongju District Court for a violation of the Road Traffic Act.
On September 29, 2019, at around 03:47, the Defendant driven B golf vehicles with a blood alcohol concentration of about 0.110% from the 2km section of approximately 2km to the front road of the access road, which was around 2km from the upstream road in Daegu-gu, Daegu-dong, to the 24-dong, Chungcheongnam Park-dong, Jungcheon-do.
As a result, the defendant, despite the fact that he violated the prohibition of drinking driving, has driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of suspected victims of violation of the Road Traffic Act and a circumstantial statement;
1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes on criminal records, investigation reports (verification of suspect A-like records);
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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
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 with regard to a provisional payment order is that the Defendant once driven a drinking alcohol again even though he/she had the record of drinking alcohol driving twice.
However, the distance of drinking driving is relatively short.
The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.