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Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[criminal power] On June 21, 201, the Defendant was issued a summary order of KRW 2 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On January 28, 2020, at around 22:21, the Defendant driven a motor vehicle D with a blood alcohol concentration of about 0.097% from the section of approximately 100 meters to the front of the C Apartment, Ulsan-gu B market.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiries about the results of the control of drinking driving on January 29, 2020;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Previous convictions in judgment: To refer to inquiries and apply Acts and subordinate statutes of a summary order;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Although there was a record of being punished for drunk driving prior to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the fact that the person committed the crime of drunk driving in this case is disadvantageous to the defendant.
In this case, the risk of traffic accident does not realize due to the crime, the defendant recognizes the crime and reflects the depth of the crime, and the fact that there is no particular criminal force other than the previous conviction in the judgment is favorable to the defendant.
The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the blood alcohol concentration and the defendant's age, character and behavior, environment, occupation, motive and consequence of the crime, circumstances after the crime, etc. and the conditions for sentencing as shown in the arguments.