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Defendant shall be punished by a fine of eight million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On February 1, 2008, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Branch Branch.
Nevertheless, the Defendant, while under the influence of alcohol level of 0.039% on October 18, 2019, at around 23:45, committed a violation of the prohibition of drinking driving on two or more occasions by driving the bwing-III cargo vehicle from approximately 250 meters away from the 250 meters section to the front of the official village distance to the 307 Seo-gu Incheon Seo-gu Incheon, Seo-gu, Incheon.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;
1. Application of Acts and subordinate statutes, such as criminal records;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. A normal defendant, who is disadvantageous to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, had a record of being sentenced to a fine around 2001, around 2005, and around 2008, drives under the influence of alcohol again.
The most favorable normal blood alcohol concentration is 0.039%, and it is relatively minor.
The defendant recognized the crime of this case and seriously reflects it.
There is no history of punishment exceeding a fine.
In addition, the punishment as ordered shall be determined in consideration of the age, character, conduct and environment of the defendant, motive, means and result of the crime, the circumstances after the crime was committed, etc.