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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[Criminal Power] On August 29, 2012, the Defendant was issued a summary order of KRW 3 million at the Busan District Court as a crime of violation of the Road Traffic Act.
【Criminal Facts】
On September 23, 2019, at around 22:35, the Defendant driven an E Mac crick drive from the front road in Yangsan City B to the front road of D apartment complex in approximately 90 meters, while under the influence of alcohol content of about 0.126%, while under the influence of alcohol content of about 0.126%.
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous convictions indicated in judgment: Criminal records, investigation reports (formerly applicable), and application of Acts and subordinate statutes concerning summary order;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 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. Even though the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had the record of being punished for driving under the influence of the defendant, the crime of this case is committed again, while the fact that there is no criminal record other than the previous record, the driving distance is relatively short, and the conditions of sentencing indicated in the record such as the defendant's age, occupation, character and behavior, family relation, living environment, circumstances leading to the crime, etc. shall be comprehensively taken into account.