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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
On July 22, 2011, the Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in the Daegu District Court's Ansan-dong branch.
On December 4, 2019, the Defendant driven a DMW car under the influence of alcohol concentration of 0.091% at the five meters inside the C parking lot located in Ansan-si B.
As a result, the defendant violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the occurrence of a traffic accident, report on the results of crackdown on drinking driving, circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;
1. Previous records of judgment: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (the confirmation of criminal records of a suspect's drunk driving);
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (see, e.g., circumstances under which a person drives under the following conditions of driving under the influence of alcohol and the distance under which a person drives under the influence of alcohol is 5 meters);
1. Articles 70 and 69 (2) of the Act on the Purpose of Detention in Labor House;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which has already been punished two times by a fine for drunk driving, repeats the instant crime; the Defendant parked a vehicle in a parking zone for persons with disabilities and drives a vehicle to move to another parking area while drinking alcohol; the Defendant’s blood alcohol concentration level, the Defendant’s age, character and conduct, environment, motive for the crime, and circumstances after the crime, etc. shall be comprehensively considered and determined the same sentence as the order.