beta
Text
Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
[Criminal Power] On July 19, 2012, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court.
【Criminal Facts】
On November 16, 2019, the Defendant driven B car under the influence of alcohol level of approximately 0.069% in the section of about 2 km from the French-si (hereinafter referred to as the “Seopoon-si”) to the French-si (hereinafter referred to as the “Spoon-si”)-si (hereinafter referred to as the “Spoon-si”).
Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of the drinking regulations not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
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 of Article 334(1) of the Criminal Procedure Act requires strict punishment since the driving of the reason for sentencing of the provisional payment order is highly likely to infringe on the life and property of other persons as well as himself/herself.
However, considering the fact that the defendant recognized his mistake and reflects, that the defendant would not drive under the influence of alcohol again, that the blood alcohol level is relatively high, that the distance between the previous drunk driving and the drinking driving of this case is considerable, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, the circumstances after the crime, etc., the punishment as set forth in the text shall be determined.