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Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On December 4, 2018, the defendant was sentenced to suspension of indictment for violating the Road Traffic Act at the Ulsan District Prosecutors' Office.
At around 21:40 on May 19, 2020, the Defendant: (a) driven a F-soft motor vehicle with blood alcohol concentration of about 180 meters at a section of approximately 180 meters from the front of the “C” road located in Ulsan-gu B to the front of the public parking lot for “E” located in the same Gu D, and violated the F-sourma motor vehicle prohibition regulations at least twice.
Summary of Evidence
1. The defendant's legal statement, inquiry into the result of the drinking driving control, the circumstantial statement of the drinking driver, and the circumstantial report of the drinking driver;
1. Before judgment: Criminal history records, reply reports (A), investigation reports (Attachment of a written decision not to prosecute related cases), and application of Acts and subordinate statutes on non-prosecution decision;
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 for a crime;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order does not exceed two years after the defendant was placed a prior to the suspension of indictment on his/her drinking driving, and thus, the defendant re-offendered of the instant crime, the blood alcohol level of the defendant exceeds 0.09%, and the defendant is recognized to commit the crime on the other hand, taking into account the motive and background of the crime, the method and consequence of the crime, the circumstances after the crime, the age of the defendant, the environment, and the criminal record relation, and other various sentencing conditions as ordered.