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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On September 22, 2014, around 11:10 on September 2, 2014, the Defendant driven a “B” rocketing car under the influence of alcohol content of about 0.161% at the 1km section from the Do in the vicinity of the Posidong, Guro-gu Seoul Metropolitan Government to the front road of the Dongyang Future University located in 445, Dongyang-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol and the application of Acts and subordinate statutes of reports on the circumstances of drivers;
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;
1. Sentence 4 million won [former summary - 4 million won: ① alcohol volume (0.161%) and driving distance, ② statutory penalty is “where alcohol content in blood is at least 0.1% but less than 0.2%, a fine of at least three million won but not more than five million won” and the amount of fine for summary order is unreasonable compared to drinking value.
Considering the fact that there is no showing, ③ the process of detection, ④ a large number of traffic regulations violations, etc., ⑤ Even if the Defendant reflects the confession of the instant crime, ② the Defendant’s age, occupation, and economic situation are considered, the amount of fines for the summary order should be determined to be reasonable.
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;