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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 July 25, 2008, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the credit support of the Suwon District Court on July 25, 2008, and on July 29, 2010, the Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the credit support of the Suwon District Court on July 29, 201.
On August 23, 2019, the Defendant, while under the influence of alcohol of 0.10% of blood alcohol concentration on August 23, 2019, driven an Efran vehicle from around 2 km to the front road of the Innju City B apartment to the Innju City C’D.
Accordingly, the defendant was driving under drinking not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), inquiry into the results of the crackdown on drinking driving, and the report on the situation of a drinking driver;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
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 of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the Defendant once driven a drinking alcohol again even though he had the record of driving under the influence of alcohol.
However, the defendant's drinking driving force has been 9 years prior to all, and the distance of drinking driving was relatively short.
The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.