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Defendant shall be punished by a fine of 12,000,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Power] On July 27, 2006, the Defendant was punished by a fine of KRW 700,000 for the violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On December 21, 2019, the Defendant, despite the power of violating the prohibition of drunk driving regulations, driven a FNAS car at approximately 100 meters from the C History located in Sungnam-si B to the front road located in Sungnam-si D located in Sungnam-si, Sungnam-si, with a blood alcohol concentration of 0.106% at around 00:29.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of drinking drivers, inquiry into the results of drinking control, and circumstantial statements;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of sound driving records);
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
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 was that the Defendant had been punished for drunk driving, but again committed the instant crime of drinking driving.
In light of the unfavorable circumstances that the degree of the drinking, along with the odometer and the danger caused by the drunk driving, has shown an attitude against it, and the history of punishment for the drunk driving has been more than 10 years, respectively, shall be taken into account in favor of each other.
In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive and means of crime, etc. of the accused, shall be determined as ordered.