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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 July 8, 2002, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Seo branch of the Seoul District Court on July 8, 2002, and was sentenced to a fine of KRW 7 million for a crime of violation of the Road Traffic Act, etc. at the Incheon District Court on September 17, 2002, and was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act at the Incheon District Court on March 4, 2004. On July 23, 2010, the Defendant issued a summary order of KRW 2.5 million for a fine of KRW 4 million at the Incheon District Court on July 23, 2010, and on June 14, 2016.
Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, the Defendant driven a C Car with C Car with alcohol level of 0.147% under the influence of alcohol level of 0.147% on February 18, 2019, in front of the Yeonsu-gu Incheon Metropolitan City B.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. A report on detection of a host driver;
1. Previous records of judgment: Application of criminal records, inquiry reports (report attached to previous records and copies of judgment) and Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;
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 as stated in its reasoning, the Defendant again committed the instant crime of drunk driving even though he had a total of five times from around 2002 to around 2016, including one previous offense committed on one occasion in around 2004, and the possibility of criticism is very high.
The blood alcohol concentration level of the instant case also reaches 0.147%.
In light of this point, there is a need for strict punishment against the defendant.
On the other hand, the defendant seems to repent his mistake in depth.
The Defendant completed the meeting on the day of the instant case and represented a driver.