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Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On July 10, 2015, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving) at the Incheon District Court.
2. On November 3, 2020, the Defendant driven a DM6 vehicle under the influence of alcohol with a maximum of 0.04% alcohol level 0.04% from the 2km section from the bend to the front road located in Ulsan-dong defense Dong-dong, Ulsan-dong, U.S. to the front road in C.B.
Summary of Evidence
1. Examination of the defendant's legal statement report on the situation of the driver placed in the state and the result of crackdown on drinking driving;
1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, and the application of a copy of summary order;
1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: Although the defendant had been punished for driving under drinking, the crime liability is not exceptionally imposed considering the social harm of driving under drinking and the purpose of strengthening the relevant penal provision.
A favorable circumstances: The defendant recognizes a crime.
It shall not be re-offending, such as selling vehicles, moving the place of residence to a place close to the workplace, etc.
There is no other force except before the judgment.
The blood alcohol concentration level was not very high.
Based on the above circumstances, the punishment as ordered shall be determined by taking into account all the sentencing conditions indicated in the records of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.