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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 August 31, 2012, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) in the Busan District Court’s Branch Branch.
【Criminal Facts】
At around 21:50 on January 14, 2020, the Defendant driven a F K7 car from approximately 100 meters away from the front side of the road located in the Heungung-gu, Young-gu, Young-gu to the front side of the E pharmacy located in D in the same Gu under the influence of alcohol by 0.124% of alcohol content.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Notification of the result of the drinking driving control;
1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (verification of the same criminal records of a suspect), and application of Acts and subordinate statutes of a summary order;
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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of being punished for a drunk driving, and since June 25, 2019, the penal provision for a drunk driving was strengthened, and the defendant was also able to easily understand the above circumstances through the media, etc., and there is a need for strict punishment in that he/she was a drunk driving.
However, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant recognized the instant crime and divided his mistake; the Defendant has no record of punishment in excess of the fine yet; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the conditions of sentencing indicated in the record, such as the circumstances after the crime, etc.