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Defendant shall be punished by a fine of KRW 13,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On November 9, 2017, the Defendant received a summary order of a fine of three million won for a violation of the Road Traffic Act from the Suwon District Court on November 9, 2017.
On August 31, 2020, at around 22:20, the Defendant driven an Egypted car under the influence of alcohol concentration of about 0.118% in the 1km section from the front of the convenience store to the front of the same Gu D apartment.
Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the control of drinking driving;
1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;
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 is that the Defendant was punished by a fine due to a drunk driving, and the blood alcohol concentration level at the time was significantly high. In light of the risk of the occurrence of the accident and the purport of the amendment of the Act increased by the statutory penalty, the nature of the crime is not easy.
However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction other than the above previous one, and the fact that the accident does not lead to a multi-accident, other factors such as the defendant's age, attitude, environment, developments and distance, circumstances after the crime, etc., the punishment as ordered shall be determined in light of the various sentencing conditions as shown in the records and arguments.