Text
Defendant shall be punished by a fine of KRW 9,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[criminal power] The Defendant was sentenced to six months of imprisonment with prison labor or two years of suspension of execution due to a violation of the Road Traffic Act in order to support the High Government District Court on February 24, 2011, and was sentenced to a fine of three million won for the same crime in the same court on December 30, 2008 and so sentenced to three times of punishment for the same crime.
【Criminal Facts】
At around 01:30 on March 10, 2015, the Defendant driven C New EF (NEW EF) rocketing car under the influence of alcohol with approximately 2 km alcohol concentration of about 0.119% from the front of the complex 70-do, Yongsan-gu, Seoyang-si to the front of the distance of the village of the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Each previous record of the report on detection of a host driver and the circumstantial report on a host driver;
1. A statement on criminal records, etc.;
1. Application of Acts and subordinate statutes to investigation reports (a copy of summary order, etc.);
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The scope of punishment by law: Fines of five million won and 10 million won; and
2. Whether the sentencing criteria are applied: It is a case of a fine as a small offense and a crime of not setting the sentencing criteria.
3. A fine of nine million won for the decision of a sentence (the fact that there are many kinds of penalties for the defendant, the fact that the defendant wishes to be a fine specifically, the circumstances of the crime in this case, drinking water, the age and character of the defendant, etc.);