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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 December 19, 2018, the defendant issued a summary order of a fine of three million won by the Suwon District Court for a violation of the Road Traffic Act.
Nevertheless, at around 01:03 on August 6, 2020, the Defendant driven an Etoscar car under the influence of alcohol concentration of about 0.159% from a 300-meter section from the front of the road in the Sungsung City B to the front of the D building in the same city.
As a result, the defendant, even though he had been punished for a drunk driving, has re-driving and violated it more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the report on circumstantial statements of a drinking driver and the control results of drinking driving;
1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, and summary orders under 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 the influence of alcohol in 2018, the driving of the instant case was done under the influence of alcohol. Considering the risk of driving under the influence of the majority and the purport of the amendment of the amended Act of which the statutory penalty is raised, the nature of the crime is not easy.
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.