Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

[criminal power] On November 10, 2006, the defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) at the Busan District Court's branch branch on November 10, 2006, and a fine of 50,000 won for a violation of the Road Traffic Act (driving) at the Busan District Court on June 18, 2009 at least two times.

【Criminal Facts】

On October 21, 2012, at around 21:56, the Defendant driven a 0.094% alcohol concentration on blood, and around 100 meters from the front of the Busan East-dong located in Busan-dong, Busan-dong to the front of the salary hospital located in the same Gu-dong located in Busan-dong, the Defendant driven a CRGJET 125cc Oralb.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the drinking driver and the circumstantial statement of the drinking driver;

1. Inquiry into the result of the crackdown on drinking driving;

1. Records before judgment: Criminal records, etc. and the application of Acts and subordinate statutes for inquiry reports and investigation reports (verification of sound driving records);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to have driven otobb while under the influence of alcohol so that the Defendant’s blood alcohol concentration level reaches 0.094%. In light of the Defendant’s the nature of the crime is not good in light of the Defendant’s drinking level, and the Defendant again committed the crime of this case even though he had been punished several times for driving under the influence of alcohol before, it is necessary to strictly punish the Defendant.

However, the defendant's mistake is over and against his own mistake, and the crime of this case is that the defendant drives the Otobane and the danger thereof is relatively lower than the vehicle driving, there is no record of imprisonment with prison labor for the defendant, and the crime of this case is committed in 2010.