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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
On November 23, 2009, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court on November 23, 2009.
Criminal facts
At around 22:20 on December 19, 2019, the Defendant driven a Maz car from approximately 500 meters away from the Do located in Gwangju City to the same Si C and D road, while under the influence of alcohol content of 0.085%.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. The defendant's legal statement, the circumstantial statement, the notification of the results of the drinking driving control, and the investigation report (the report on the status of the drinking driver);
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
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.
Considering the fact that the record of drunk driving has relatively old, along with blood alcohol concentration, odometer, and danger caused by drunk driving, the main circumstances are to be taken into account, and the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive and means of crime, etc., shall be determined as ordered by taking into account