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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[Criminal Power] On January 20, 2017, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Busan District Court’s Vice-Support on January 20, 2017.
【Criminal Facts】
On November 20, 2019, at around 00:14, the Defendant driven a C low-speed car with a blood alcohol concentration of about 0.061% under the influence of alcohol from the 1km section to the front road of the building in front of the same Gu from the mother station in the direction of the Sinnam-si, Sinnam-si.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Reporting on the autopsy of a person suspected of violating the Road Traffic Act (driving), reporting on the situation of driving under the influence of alcohol, reporting on the state of standing of a driver under the influence of alcohol, and inquiry into the results of the control of drinking alcohol;
1. Previous records of judgment: Criminal records, inquiry reports, 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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
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 with regard to a provisional payment order is that the Defendant, even though he/she had a record of drinking alcohol driving, re-driving
However, the blood alcohol concentration at the time of driving is relatively low, and the distance of drinking driving is also short.
The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.