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Defendant shall be punished by a fine of 6 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[Criminal Power] On February 13, 2017, 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.
【Criminal Facts】
On November 30, 2019, at around 22:18, the Defendant driven a fluent car with a blood alcohol concentration of about 300 meters from a public parking lot near Ulsannam-gu B to the front of the E-cafeteria in D, at approximately 300 meters.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiries about the results of crackdown on drinking driving (including details of correction);
1. The circumstantial statement of the employee;
1. Previous records of judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to the same type of crime and related summary orders);
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Although there was a record of being punished for drunk driving prior to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the fact that the person committed the crime of drunk driving in this case is disadvantageous to the defendant.
The fact that the distance from the driving under the influence of alcohol is short, that the risk of traffic accidents is not realized due to this case, that the defendant recognizes and reflects the crime, that the blood alcohol concentration is not high, that there is no specific criminal power except that punished twice by a fine.
In addition, the sentencing conditions specified in the records and arguments, such as the age, character and conduct, environment, occupation, motive and consequence of the crime, the circumstances after the crime, etc., shall be determined as ordered by considering the whole circumstances.