beta
Text
Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On August 2, 2013, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court on August 2, 2013, and a fine of one million and five hundred thousand won for the same crime in the same court on February 1, 2019.
On February 24, 2020, at around 05:00, the Defendant driven a car under the influence of alcohol with a blood alcohol concentration of 0.036% at the section of approximately 3.7 km from C to D after the same city.
Accordingly, the defendant, despite the fact that he violated Article 44 (1) of the Road Traffic Act, was driving again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report, and notification of the results of the control of driving under the influence of alcohol;
1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes of each 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 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/she had the record of drinking alcohol driving twice.
However, the blood alcohol concentration at the time of crime was relatively low.
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.