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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On September 11, 2007, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1 million from the Daegu District Court to a fine for a violation of the Road Traffic Act, and by receiving a summary order of KRW 1 million from the same court as a fine for the same crime on April 10, 2013, at least two occasions.
Nevertheless, at around 23:06 on March 7, 2014, the Defendant again violated Article 44(1) of the Road Traffic Act by driving a Csti-type car under the influence of alcohol level of about 1 0.172% from the 1km section from the front of the restaurant “Iari” in the Government-dong of Speaker-si to the lower end of the first art city of Speaker-si to the next end of the city of Speaker-si.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of, and report on detection of, a host driver;
1. Previous conviction: Application of a reply to criminal records and investigation report (Attachment to the same summary order);
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense.
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of the following favorable circumstances, etc.):
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the case under consideration is relatively high in blood alcohol level of the defendant at the time of driving under the influence of alcohol in the same case, and there is a record of punishment as a fine several times for the same kind of crime. On the other hand, there are favorable circumstances that the defendant led to the crime in the case of this case, and on the other hand, there are relatively short distance between the defendant and the distance of driving under the influence of alcohol, and the occurrence of a traffic accident due to the driving under the influence of alcohol in the case of this case. Such circumstances and all other factors of the defendant's age, character and behavior, environment, criminal records, circumstances after the crime, etc.