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Defendant shall be punished by a fine of KRW 7 million. If the Defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
(Criminal Power) On July 14, 2017, the Defendant is a person who received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court’s Branch on July 14, 2017.
(Criminal Facts) The Defendant is a person who is engaged in driving a B rocketing car.
On July 1, 2020, the Defendant driven the said car under the influence of alcohol level of about 0.086% from around 601 to around the 5km road in the area from around 601 to the front road of the same Gu, as Sungnam-si, Sungnam-si, Sungnam-si.
Accordingly, the defendant, who violated the prohibition of drinking driving, was driving the car under the influence of alcohol again.
Summary of Evidence
1. Report on the detection of a person suspected of violating the Road Traffic Act (driving) by the defendant's statutory statement, report on the situation of driving under the influence of alcohol and report on the circumstantial statement of the driver under the influence of alcohol;
1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);
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 on the order of provisional payment is that the Defendant, even though he had a record of driving alcohol, once he drives a drinking alcohol again, and the blood alcohol concentration at the time was relatively high.
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.