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Defendant shall be punished by a fine of KRW 14,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On March 19, 2019, the Defendant, at the Suwon District Prosecutors' Office, was subject to a disposition of suspension of indictment on the violation of the Road Traffic Act (driving) at the Suwon District Prosecutors' Office. On December 6, 2019, on December 23:0, 2019, the Defendant driven Dcoin or car while under the influence of alcohol concentration of about 0.169% from the 800 meters from the Do near the Masan-si B apartment to the front of the Masan-si.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;
1. A report on a request for appraisal and a report on the appraisal of blood alcohol concentration;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (examination of suspect's past records of drinking driving, attachment of records and judicial precedents), and the application of one copy of the records of punishment 2019-type and 1526 to the Suwon District Prosecutors' Office;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is whether the defendant was subject to a disposition of suspending indictment due to drunk driving, and the defendant again committed the instant crime after nine months’s volume. The defendant’s blood alcohol concentration at the time of the instant crime is high and the risk of traffic caused by the defendant is not high is disadvantageous to the defendant.
On the other hand, the fact that the defendant recognizes the crime of this case, that the defendant would not repeat the crime of this case by selling the vehicle used for the crime of this case, that there is no record of criminal punishment against the defendant, and that there is no way to receive the investigation except the suspension of indictment as stated in its reasoning is favorable to the defendant.
Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.