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1. Defendant shall be punished by a fine of 5,000,000 won;
2. Where the defendant does not pay the above fine.
Reasons
Punishment of the crime
On May 25, 2016, at around 23:57, the Defendant driven BMW car in the state of alcohol alcohol concentration of about 0.187% from the 1k section of blood alcohol level from the front of the gold apartment house located in the Yongsan-gu, Gwangju, Gwangju, to the front of the 20-ro, Viennaro, Ga, and the front of the GM car.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;
1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. In full view of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions of the Defendant’s age, sexual conduct, environment, circumstances after the commission of the crime and all other factors revealed in the pleadings of the instant case shall be determined as ordered (the sentencing criteria are not applicable to a crime for which the sentencing criteria have not been set). Unfavorable circumstances are high in the degree of alcohol level during blood transfusion.
There is a record of being punished for a fine due to drinking driving in 2010.
On September 10, 2015, the Gwangju District Court sentenced imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and two years of suspended execution on September 18, 2015, which became final and conclusive on September 18, 2015, committed the instant crime without being aware of the fact during the suspended execution period.
The favorable circumstances are against the principle of good faith.
The instant crime did not lead to a traffic accident.
In addition to the fine for negligence, there is no record of punishment for driving under drinking.