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Defendant shall be punished by a fine of 11,000,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Power] On December 27, 2011, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine for a violation of the Road Traffic Act.
【Criminal Facts】
On 26, 2020. 09:51 on 26, the Defendant driven a E Car while under the influence of alcohol 0.061% of blood alcohol level from the front of Pyeongtaek-si B apartment to the front of the Datte in C located in the same city to the front of Datte in the same city.
As a result, the defendant violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial report on the driving of a driver, the circumstantial statement of the driver, and the investigation report (the circumstantial report of the driver);
1. Notification of the result of crackdown on drinking driving;
1. Previous records of judgment: Criminal records, etc., an inquiry report, an investigation report (Attachment to a summary order of the same kind of power), and the application of statutes on attached data;
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. According to Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc.:
The circumstances that are favorable to the driving of a drinking motor vehicle are repeated after being sentenced to a fine twice due to the driving of a drinking motor vehicle: The fact that the crime is recognized and reflected, the blood alcohol concentration level at the time of detection is relatively high, there is no extenuating circumstance to realize the risk of driving due to the case discovered by simple drinking control, the fact that the person seems to drive a motor vehicle after the lapse of a long time from the time of drinking, and that the person is recidivism after the lapse of a considerable period from the time of the same criminal record.