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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 January 27, 2011, the Defendant was issued a summary order of KRW 700,000 by the Ulsan District Court to a fine for a violation of the Road Traffic Act.
On August 17, 2019, at around 22:25, the Defendant driven a DNA motor bicycle under the influence of alcohol with a blood alcohol concentration of 0.079% from the 2km section of approximately 2km to the front road in Ulsan-gu, Ulsan-gu, Busan-do, Busan-do.
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, report on the state of drinking drivers' standing, and investigation report;
1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports (the same type of criminal records and confirmation);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include all the following: (a) the accused has led to the crime of this case and has been repented; (b) the accused has a history of driving alcohol once; (c) there is no criminal record of any criminal punishment exceeding the fine; (d) the accused has not suffered additional damage, such as traffic accidents due to drinking driving in this case; and (e) the defendant has to make a decision as ordered by the disposition, taking into account all the circumstances indicated in the records, such as blood alcohol concentration level and values at the time of the crime, the distance of drinking alcohol level