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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
[criminal power] On July 10, 2008, the Defendant received a summary order of KRW 1 million from the Seoul Central District Court to a fine of KRW 2.5 million as a crime of violation of the Road Traffic Act, and on May 27, 2010, the Defendant received a summary order of KRW 2.5 million as a fine of KRW 2.5 million from the Gangnam Branch Branch of the Chuncheon District Court.
【Criminal Facts】
On December 8, 2019, the Defendant driven an Ebenz’s car at approximately 35 km from the front of the Heungdong-gu, Gungju-si to the front of the D located in G in Innju-si under the influence of alcohol of 0.071% of blood alcohol level around 10:0.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and investigation report (report on the circumstances of drinking drivers);
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of two-minutes of summary order Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;
1. Although the defendant had been punished twice due to drunk driving as stated in its reasoning for sentencing of Article 334(1) of the Criminal Procedure Act, the fact that the defendant again committed the instant crime is disadvantageous to the defendant.
On the other hand, the fact that the defendant recognized the crime of this case, and that the defendant was punished for drunk driving in 2010 and had no record of punishment for about 9 years until the date of the crime of this case is favorable to the defendant.
Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.