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Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On July 15, 2012, around 22:15, the Defendant driven B wre vehicles while drunkly under the influence of alcohol content of 0.215% from the original house of the trade name in Ansan-si, Masan-si to the 1293-7th class of the same 1293-7.
Summary of Evidence
1. Partial statement of the police interrogation protocol of the accused;
1. Each police statement made to C and D;
1. Statement of the occurrence of E traffic accident;
1. Application of the provisions of Acts and subordinate statutes governing traffic accident reports (1) (2), traffic accident reports, accident site photographs, accident site photographs, circumstantial reports on home-employed drivers, reports on detection of home-employed drivers, and so on;
1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that choose the penalty for the crime;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to have driven a vehicle while under the influence of alcohol by the defendant. In light of the fact that at the time of this case the defendant was in the state of 0.215% alcohol concentration, the defendant was in the state of 0.215% and the vehicle parked on the side of the road, and the recent revision of the Road Traffic Act, the punishment for the act of driving under the influence of alcohol has been greatly strengthened, the defendant should be punished strictly.
However, considering the circumstances favorable to the defendant, such as the first offender who has no criminal record, etc., the punishment shall be determined as ordered by the defendant, taking into account the age, character and conduct, the environment of the defendant, the circumstances surrounding the crime in this case, and the circumstances after the crime.