Text
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[Criminal Power] On October 22, 2014, the Defendant was issued a summary order of KRW 1 million at the Changwon District Court as a crime of violation of the Road Traffic Act (driving).
【Criminal Facts】
around 20:20 on October 12, 2019, the Defendant driven a Dpote car with a blood alcohol concentration of 0.052% while under the influence of alcohol at the C cafeteria parking lot located in Kimhae-si B.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the crackdown on drinking driving, and inquiry into the results of the crackdown on drinking driving;
1. Previous convictions in judgment: Application of criminal records and summary order statutes;
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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant again committed the instant crime even though he/she had a record of punishment for the same kind of crime.
However, the Defendant recognized the instant crime and did not repeat the same mistake.
The defendant did not have any record of criminal punishment except for a fine on one occasion, and more than five years have passed since the previous punishment.
Other factors for sentencing, such as the defendant's age, character and conduct, the defendant's blood alcohol concentration (0.052%) and the contents and circumstances of the crime in this case, and the circumstances after the crime, shall be determined as the sentence as ordered.