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Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On August 14, 2014, the defendant was sentenced to a summary order of a fine of KRW 4 million by the Busan District Court for a violation of the Road Traffic Act.
On May 23, 2020, at around 04:45, the Defendant driven a Dben-type car under the influence of alcohol content of about 0.191% at a section of about 500 meters from the front of the main station in the mutual influence in the vicinity of the Geum-gu Water-si Mobro to the front of the “C Hospital” in the same city B.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (the same type of criminal records and attachment);
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) 6 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant confessions the crime of this case and repents, that the defendant has a history of drinking driving once after his adult age, that the defendant does not cause any additional damage, such as traffic accident, etc. due to drinking driving in this case, and that the defendant does not cause any additional damage, such as blood alcohol concentration level, drinking alcohol level, distance, age, character and conduct, environment, motive, means and consequence of the crime, etc. at the time of the defendant's occurrence of the crime, after considering all the circumstances revealed in the records such as the situation after the crime.