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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
On May 13, 2013, the Defendant was given a summary order of KRW 1.5 million by the Seoul Central District Court for a violation of the Road Traffic Act.
On July 19, 2020, at around 00:32, the Defendant driven a vehicle E with an automobile E, E, E, E, under the influence of alcohol concentration of about 0.163% in the section of about 30 meters from the Mapo-gu Seoul Metropolitan Government Underground Parking Lot to the front of the same apartment D, D.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Application of the F’s statement in the Defendant’s statutory statement to the driver, the report on the circumstances of the driver, the field photograph of the driver, the criminal records of the driver’s site, and the investigation report (Attachment to the same kind of power) to the statutes applicable;
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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order had the record of punishment for driving under influence of alcohol once, and the Defendant was also driving under the influence of alcohol in this case.
On the other hand, the defendant only driven a short distance within the apartment complex, and the drinking driving of this case did not lead to a traffic accident.
In addition, the defendant should not drive under the influence of alcohol again, and the record of the driving under the influence of alcohol is the entire record of criminal punishment.
In addition, the defendant's age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions as shown in the arguments shall be determined as ordered by considering the various circumstances.