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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
The defendant is a driver of the B-End-Wurn-Wurn vehicle.
On March 19, 2014, while under the influence of alcohol 0.130%, the Defendant driven the said vehicle at approximately 20 meters prior to the “Yaambrate” road located in the Black-dong of Gwangju Mine-gu, Gwangju, with approximately 0 meters alcohol level around 0.130%.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to inquire about the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;
1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;
1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant appears to have economic difficulties due to his parent’s long return of the amount loaned from a bank to 50 million won, and that the Defendant is a primary offender who has no criminal power.
However, on the other hand, it is difficult to see that the Defendant’s drinking level is lower in relation to the instant drinking driving, and the amended Road Traffic Act of June 8, 201 provides that the Defendant’s drinking driving that threatens the safety of road traffic shall be strictly punished in the event of driving under the influence of alcohol for the purpose of preventing the driving under the influence of alcohol and ensuring the awareness of it, and the statutory penalty for the instant crime is set at three million won, taking full account of equity with other similar cases, and all other circumstances, including the Defendant’s age, character and conduct, the environment, motive and circumstance of the instant crime, and the circumstances after the crime, etc., which are the conditions for the sentencing specified in the instant pleadings, the sentence shall be determined as ordered.