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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On July 30, 2017, around 03:34, the Defendant driven a B-to-pur motor vehicle under the influence of alcohol concentration of about 0.172% in a section of about 1 kilometer from around 29 Enterprise Bank, a 360-ro 40 p.m. to 50 minutes p.m. in front of the 50-day Gu office.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. A report on the detection of a primary driver;
1. Application of Acts and subordinate statutes to traffic accident reports;
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Selection of a selective fine for punishment (the act of driving under drinking on May 10, 2017) is highly likely to be subject to criticism when committing the instant crime at least two months thereafter.
However, the defendant does not have any other criminal power than driving under the influence of alcohol, and the defendant does not commit a criminal act, such as driving under the influence of alcohol, again.
(1) A fine shall be selected in consideration of the fact, etc.
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;