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Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On October 2, 2007, the Defendant was issued a summary order of KRW 700,000 by the Gwangju District Court as a crime of violation of the Road Traffic Act.
On October 29, 2019, at around 22:24, the Defendant driven a DNA car from approximately 500 meters section to the front road of the common-dong in Gwangjubuk-gu to 0.069% alcohol level, while under the influence of alcohol around 0.069%.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. The defendant's statement on the second trial date in court;
1. Inquiry the results of the drinking driving control;
1. Previous records of judgment: Application of investigation reports, criminal records, inquiry records, and summary order Acts and subordinate statutes;
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. Mitigation of discretionary mitigation under Articles 53 and 55(1)6 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):
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 is that the Defendant was punished as a drunk driving, and thus, the possibility of criticism and social risks are high.
However, a fine shall be imposed on a defendant in consideration of the fact that the defendant was a crime for which approximately 13 years had passed prior to driving alcohol, that the drinking alcohol of this case cannot be deemed to have higher level than other cases, and that there are some other circumstances to consider the defendant's committing the crime of this case.
The amount of the fine shall be determined within the scope of the applicable sentencing, after taking into account the above factors of sentencing, within the scope of the applicable sentencing.