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Defendant shall be punished by a fine of eight million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On February 14, 2013, the Defendant was issued a summary order of KRW 1 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.
On January 17, 2020, at around 23:17, the Defendant driven an Epoter cargo vehicle while under the influence of alcohol leveling 0.085% of alcohol level at approximately 800 meters from the 800-meter radius to the direction of the Dpoter located in North-gu, Gwangju.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports;
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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished by a fine of one million won for the same kind to the defendant, a considerable time has elapsed since the previous crime was committed, and the defendant is divided into his mistake, the punishment shall be determined as ordered, taking into account all the circumstances of sentencing as shown in the records and arguments of this case, such as the degree of blood alcohol, the background leading up to the drunk driving at the time of the crime in this case, the distance and place of the drunk driving, the age of the defendant, character and conduct, and circumstances before and after the crime in this case.