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Defendant shall be punished by a fine of KRW 8,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Criminal facts
Some of the facts charged were corrected.
On July 11, 2007, the defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Sung-nam branch of Suwon District Court on July 11, 2007.
Nevertheless, at around 23:25 on September 8, 2019, the Defendant was under the influence of alcohol with 0.036% of blood alcohol concentration, and was in violation of the BMW 520d car driving prohibition regulations at approximately two times in the 3km section of the 2km-dong, Sungnam-gu, Sungnam-si, Sungnam-si, and on active road near the PPandong-dong, Sungnam-gu, Sungnam-do.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver (13 pages of investigation records) and inquiry into the results of crackdown on drinking driving;
1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports (the same type of crime records, and 28 pages of investigation records);
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
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 of the provisional payment order is that the Defendant driven a vehicle under the influence of alcohol at around 2004 and around 2007, even though he had a record of being punished by each fine, he again driven the vehicle under the influence of alcohol level of 0.036%.
The main circumstances are to be taken into account, but the defendant has a attitude to recognize and reflect the defendant's mistake, and there is no other criminal records other than four times of fine, including the above criminal records, and other circumstances such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined in consideration of the circumstances after the crime.