beta
Text
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 October 8, 2008, the defendant is a person who has been sentenced to a fine of two million won by the District Court of Jung-gu for the crime of violation of the Road Traffic Act.
On October 31, 2019, at around 18:47, the Defendant driven a DNA cargo vehicle under the influence of alcohol level of 0.150% from the front sidewalk of the “C” located in Dongducheon-si B, and from the rear side to the rear side, the Defendant driven a DNA cargo vehicle under the influence of alcohol level of 0.150%.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. On-site photographs of an accident, suspect, alcohol measurement photographs, inquiry into the results of the crackdown on drinking driving, report on the state of drinking drivers, and investigation report (report on the state of drinking drivers);
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (formers and confirmation reports);
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. 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 had been punished for a violation of the Road Traffic Act (driving) around 2008, the Defendant committed the instant crime.
The blood alcohol concentration in the instant case is 0.150%.
However, a fine shall be selected in consideration of the fact that the driving distance is not less than three meters and that the previous punishment power and the amount of 11 year elapsed between the two cases.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.