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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
Criminal facts
On May 7, 2014, the Defendant was sentenced to a fine of KRW 1.5 million for the violation of the Road Traffic Act in the Gwangju District Court's net order support.
On November 5, 2019, at around 21:00, the Defendant driven a 1 ton cargo vehicle of Category D in the form of alcohol level 0.065% under the influence of alcohol level 0.065% at the section of approximately 15km from the Do in front of a restaurant in Bosung-gun B, Bosung-gun.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;
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 Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order is very negative for a defendant to drive an alcoholic beverage again while drinking alcohol despite his/her past record of criminal punishment for a drunk driving.
However, under the circumstances such as the defendant's attitude to reflect in depth on his mistake and the fact that the defendant is expected not to drive under the influence of alcohol again, there are no criminal records other than the previous convictions, and the defendant is responsible for supporting wife and three children, the defendant's age, character and behavior, environment, circumstances and results of the crime of this case, and the circumstances after the crime, etc., the punishment as per the disposition shall be determined by taking into account the various factors of sentencing as shown in the records.