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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
【Criminal Power】 On June 10, 2013, the Defendant was notified by the Ulsan District Court of a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and was notified of a fine of KRW 3 million for the same crime in the same court on April 27, 2016.
【Criminal Facts of Crimes】 On August 11, 2016, the Defendant driven a G Aburgn-turged vehicle at the 2km section of G 2km from the Jinsan-si in Busan Metropolitan City, Yangyang-si to the monthly intersection located in the Busan Metropolitan City’s Articles of Incorporation, Busan Metropolitan City, under the influence of alcohol content of 0.078%.
As a result, the Defendant violated the prohibition of drinking driving more than twice, and driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. To inquire about reports on the state of state of drinking drivers, and the results of the control of drinking driving;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the selection of fines;
1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which led to a crime committed by the Defendant on the grounds that the preceding day is not broken, and the drinking alcohol level is not significantly high, considering the fact that the crime is committed in light of the statutory attitude, and it appears that the Defendant’s imprisonment without prison labor or any heavier punishment is committed, making it difficult to maintain his/her occupation as a child care teacher if he/she is sentenced to imprisonment without prison labor or any heavier punishment. Such circumstance appears to be an incentive to prevent recidivism in the future, and considering the previous punishment sentence, etc.