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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On December 19, 2006, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act at the Busan District Court on December 19, 2006, and a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act at the Busan District Court Branch Branch of the Busan District Court on May 6, 201.
On April 17, 2017, the Defendant driven a vehicle of approximately 1 km B k and Ⅲ in front of the site of the 2 branch line of the Highway, in the vicinity of the Ganhae church located in the Ganhae-si, Kimhae-dong, Kimhae-dong, while under the influence of alcohol content 0.095% during blood transfusion, and driving a vehicle of approximately 1 km B wing and Ⅲ in front of the 2 branch line of the Highway.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, and criminal investigation reports (Attachment to summary orders, etc.);
1. Relevant legal provisions and Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning criminal facts and the selective punishment (or a fine in consideration of the following: (a) the Defendant has hardened to not repeat the crime in the future as he/she divided his/her mistake into depth; (b) the Defendant’s blood content level was not high at the time of the instant crime; (c) the Defendant did not cause any traffic accident; and (d) the previous criminal records for which not less than seven years have passed since not less than seven years have passed since he/she was punished for driving alcohol; and (e) there was no other criminal records for which the Defendant was punished for driving alcohol; and (e) the criminal facts for which the above previous criminal records have not been high in the degree of alcohol content while blood was driving)
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;