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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
[Criminal Power] On May 17, 2010, the Defendant received a summary order of KRW 1.5 million from the Ulsan District Court as a violation of the Road Traffic Act (driving).
【Criminal Facts】
On August 13, 2020, the Defendant driven a D low-speed car under the influence of alcohol of about 1k and about 0.072% of alcohol content from the distance of about 23-1m from the front of the convenience bus terminal to the front of the C Logistics Center located in the same Gu’s Gu’s 22:23.23, 2020.
Accordingly, the defendant violated the regulations prohibiting drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the circumstantial statement of a drinking driver, the results of the regulation of drinking and driving;
1. Previous convictions indicated in judgment: Criminal history records, reply reports (A) and application of Acts and subordinate statutes to investigation reports;
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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished for driving under influence of alcohol, the driving of the instant case was done under the influence of alcohol, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the Act increased by statutory penalty, the quality of the relevant crime is not weak.
However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.