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Defendant shall be punished by a fine of KRW 8,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On August 16, 2019, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) by the Seoul Northern District Court.
On June 29, 2020, at around 04:42, the Defendant driven the E-Wn-Wn-Wn-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-
Accordingly, the Defendant driven a car under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. The defendant's legal notice of the result of regulating the driving of drinking alcohol, the statement of the situation of the driver in charge, the investigation report (report on the circumstances of the driver in charge) and the details of regulating;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order) by Acts and subordinate statutes;
1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;
1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment is that the Defendant re-driving the instant drinking in one year after he was punished for driving alcohol, and the amount of alcohol concentration in blood is very high.
However, considering the fact that the short distance driving between the parking lot after the substitute driving is under circumstances to take into account the situation of driving, there is no real damage such as traffic accidents, the defendant reflects his mistake, there is no other criminal history other than the drinking driving before the judgment, and it is the early birth of the 21st life society after the driving of the agency, etc., the punishment shall be determined as per the order.