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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
On September 20, 2010, the Defendant was issued a summary order of KRW 3 million by the Seoul Southern District Court due to a violation of the Road Traffic Act (driving).
On October 16, 2019, at around 23:40, the Defendant driven a F K7 car in the state of alcohol alcohol concentration of about 0.03% while under the influence of alcohol at approximately 500 meters from the vicinity of the C Hospital located in Guri-si B to the front road located in Guri-si D.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a suspected victim of violating the Road Traffic Act, inquiry into the results of the control of drunk driving, report on the situation of drunk driving, report on the state of his/her vehicle driving, report on the state of his/her vehicle driving, and investigation report (report on the state of his/her vehicle driving);
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (verification of the same type 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. Article 70 (1) of the Criminal Act for the detention of a workhouse;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The scope of applicable sentences under law: Fines of 10 million won to 20 million won;
2. No sentencing criteria shall be set;
3. Although the Defendant was punished for a violation of the Road Traffic Act (driving) around 2010, the Defendant was at the time ten years have elapsed since the instant crime, and the blood alcohol concentration of the instant case is only 0.033%.
In addition, comprehensively taking into account the age, character and conduct of the defendant, the motive and means of the crime, circumstances after the crime, etc., and various sentencing conditions shown in the records and arguments, the punishment as ordered shall be determined.