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1. Defendant shall be punished by a fine of 5,000,000 won;
2. If the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On January 8, 2009, the Defendant was sentenced to 8 months of imprisonment for the Daegu metropolitan support on the violation of the Road Traffic Act (driving without a license) and was sentenced to 1 year imprisonment for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (driving without a license) in Daejeon District Court on August 2, 2012.
On February 23, 2015, at around 22:15, the Defendant driven B chip passenger cars with approximately 500m alcohol concentration of about 0.079% under the influence of alcohol in front of the restaurant for the Red Sea Bayang-dong, Daejeon.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Making a report on the control of drinking driving;
1. A report on the actual state of the driver;
1. Application of statutes governing enforcement manuals;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);
1. A favorable condition for sentencing under Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1)) of the Provisional Payment Order: The sentence was determined as ordered by taking into account the following factors: (a) the Defendant’s age, occupation and environment, the background of the instant crime, details of the instant crime (including blood alcohol concentration, distance of driving, etc.) and the circumstances after committing the crime, etc.: (b) the period of imprisonment with prison labor for not less than one year but not more than three years, or a fine not less than 5 million won and not more than 10 million won, which is favorable: (c) the confession and reflectd; (d) the period of imprisonment with prison labor for the same kind of crime;