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Defendant shall be punished by a fine of eight million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On August 2, 2010, the Defendant issued, at the Changwon District Court, a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act, and on November 1 of the same year, the above court issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act.
On August 25, 2019, at around 22:20, the Defendant driven a Maz car in the state of alcohol alcohol concentration of about 0.075% from the section of approximately 1km from the front of the Seocho-gu, Changwon-si B to the same Gu C and D roads.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and inquiry into the results of the control of drinking driving;
1. Previous convictions in judgment: Application of criminal records and summary order 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 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 under Article 334(1) of the Criminal Procedure Act is that the Defendant, who had been punished twice for the same kind of crime, committed the instant crime without being aware of the fact that he/she had committed the instant crime.
However, the Defendant recognized the instant crime and did not repeat the same mistake.
In the past, the punishment history of the defendant was all punished by a fine, and about 9 years have passed since the previous punishment.
Other factors for sentencing, such as the defendant's age, character and conduct, the defendant's blood alcohol concentration (0.075%) and the contents and circumstances of the crime in this case, and the circumstances after the crime, shall be determined as the sentence as ordered.