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Defendant shall be punished by a fine of KRW 13,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On July 11, 2012, the Defendant was issued a summary order of KRW 4 million by the Suwon District Court due to a violation of the Road Traffic Act.
On August 31, 2020, at around 23:45, the Defendant driven a f-string-man car with approximately 30 meters F-string-man car in front of the former D apartment E-dong, in the state of alcohol of about 0.235% of blood alcohol concentration.
Accordingly, the defendant violated the prohibition of drinking driving twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, keeping records of drinking measurements, and notification of the results of the regulation of drinking driving;
1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, confirmation of the suspect's like records, application of summary order-related Acts and subordinate statutes;
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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished for driving under influence of alcohol, the driving of the instant case was done under the influence of alcohol, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the Act increased by statutory penalty, the quality of the relevant crime is not weak.
In addition, as the blood alcohol concentration of the defendant was very high at the time of driving, the risk was also reasonable.
However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.