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Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[criminal history] On September 11, 2014, the Defendant received a summary order of KRW 2 million from the Incheon District Court’s Busan District Court to a fine of KRW 2 million and KRW 7 million from March 25, 2015 to the same crime.
[Criminal facts] On November 25, 2020, the Defendant driven an EK5 vehicle from around 100 meters to D in the front road located in the same city as Kimpo-si, Kimpo-si, while under the influence of alcohol content of around 0.081% during blood transfusion around 21:30 on November 25, 2020.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Report on the circumstances of the driver who is placed in the police interrogation protocol on the accused's statutory statement, report on the state of his/her driving, and report on the driver's license register of the motor vehicle which is inquired of the results of crackdown on the driving of drinking, inquiry into the tea, and investigation report on mandatory insurance (report on the state of the driver
1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (Attachment of the same kind of force), and application of each summary order statutes;
1. Relevant legal provisions on criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act (the point of drinking alcohol), and the choice of fines (the Defendant was punished twice by drinking alcohol in 2014 and 2015, but was once again committed the instant crime, and thus, the risk of recidivism is likely.
However, the Defendant’s confession and reflects all of the instant crimes, the Defendant did not control drinking driving after 2015, and the Defendant was not in a very high degree of alcohol content at the time of the instant crime, and the Defendant shall be punished by a fine, taking into account the fact that there is no other criminal punishment except for a fine of two times due to drinking driving and an assault of 200,000 won due to an assault of 2018,00 won, etc.
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.