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Defendant shall be punished by a fine of KRW 8,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
On July 6, 2006, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 3 million for the same crime in the same court on September 8, 2006, and a summary order of KRW 3 million for the same crime, etc. on February 13, 2008 by the same court on February 13, 2008. On July 4, 2013, the Defendant was sentenced to a suspended sentence of imprisonment for six months for the same crime. The Defendant was sentenced to imprisonment for the same crime in the same court on July 4, 2013.
Although the Defendant had been punished on more than two occasions due to a violation of the Road Traffic Act (driving) as seen above, the Defendant driven a DSS5 vehicle under the influence of alcohol content of about 0.158% at a section of approximately 1m in front of the Cju store located in Gumi-si B around September 18, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act requires that the Defendant be punished by a strict punishment in light of the following: (a) the Defendant had a history of punishment twice (two times of actual punishment, one time of execution, and four times of fines) due to drinking or non-licenseing; (b) the Defendant once once again drives alcohol during the period of repeated offense due to drinking; and (c) the amount of drinking alcohol is high.
However, in consideration of the fact that the defendant disposes of and repents the vehicle, driving a short distance of about one meter to move the vehicle at the time of the instant case, and other various circumstances that form the conditions for sentencing specified in the pleadings of the instant case, such as the defendant's age, sex, environment, etc., the punishment as ordered shall be determined.