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Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[criminal power] On September 14, 2009, the Defendant issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Busan District Court, and on October 4, 2016, the Defendant was issued a summary order of KRW 5 million for the same crime.
【Criminal Facts】
On January 8, 2019, at around 21:45, the Defendant driven a fMW520d car under the influence of alcohol concentration of 0.096%, from the road in front of the C cafeteria located in C cafeteria B to the road in front of D, the Defendant driven a fMW520d car under the influence of alcohol concentration of 0.096%.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. A statement of blood and alcohol appraisal;
1. Previous convictions indicated in judgment: Application of criminal records, repeated statements, investigation reports, and statutes;
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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Scope of applicable sentences under law: Fines of five million won to ten million won; and
2. Setting the sentencing criteria not;
3. Determination of sentence: Fine of 7 million won (the very short driving distance, the driving of a parked vehicle to move to another place in the vicinity of the wife, the degree of blood alcohol recognized, the degree of same kind of electric power (three times a fine), the suspension of execution due to a previous criminal offense (in case of suspended imprisonment: 10 months), and other circumstances revealed in the trial process of this case, such as the defendant's age, character and behavior, environment, and circumstances after crimes).