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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On February 17, 2014, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court on February 17, 201, and a fine of one million and five hundred thousand won as a crime of violating the Road Traffic Act (drinking driving) in the same court on April 6, 2016.
On February 27, 2017, the Defendant was under the influence of alcohol content of 0.065% during blood transfusions. From the front of the restaurant in which the trade name in the Dong-dong of Daejeon is unknown, the Defendant driven CSP car at the section of approximately 300 meters from the front of the sign of the Dong-dong of Daejeon to the front of the sign of the Dong-dong.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on detection of a driver at the main place and a report on the situation of the driving at the main place;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes on investigation reports (reports accompanied by a copy of summary order);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act is a crime of substantial social danger in that driving of a breath sentence under Article 334(1) of the Criminal Procedure Act places the risk not only to the defendant himself but also to other persons with no knowledge.
In 2014 and 2016, even if the Defendant was punished by a fine due to drinking driving, the Defendant again driven drinking in 2017. In view of the risk of recidivism, the Defendant’s criminal liability cannot be deemed to be light.
However, the defendant has yet to repent his mistake with his old undergraduate students, and there is no particular criminal history other than the punishment history twice due to the above drinking driving, the blood alcohol concentration level is not high, and there is no damage caused by the crime as a result of the case, and the family members of the defendant will do his best to prevent recidivism.