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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On January 17, 201, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Daegu District Court Port on December 11, 2014.
Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as seen above, the Defendant driven a motor vehicle with low alcohol level of 0.052% at around 21:40 on August 3, 2018, while under the influence of alcohol level of 0.052% during blood transfusion, the Defendant driven a motor vehicle with approximately 500 meters from the front of the C cafeteria in the north-gu, Posi-gu, B to the neighboring road of D.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the confirmation of criminal history of the same kind);
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of a selective fine (the numerical value of alcohol concentration among the blood of this case is considerably low by 0.052%, the distance of driving under the influence of alcohol is relatively short, the fact that there is no record of crime exceeding the fine, and the fact that the mistake is recognized and reflected, etc.);
1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;
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;