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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On July 7, 2018, around 03:05, the Defendant driven B rocketing car under the influence of alcohol content of about 0.115% at approximately 10 meters from the front side of “Korea Distribution” 92-gil 3, Cheongyang-si, Chungcheongnam-si, Cheongyang-si, to the parking lot for “Stopian 8” in the same way.
Summary of Evidence
1. Statement by the defendant in court;
1. Detection report (Violation of Road Traffic Act), reporting on the situation of driving at home, reporting on the circumstances of drivers at home, inquiry into the results of crackdown on drinking driving, vehicle driver's license ledger, and making an inquiry into the following:
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reasoning for sentencing of Article 334(1) of the Criminal Procedure Act is examined, and the fact that the Defendant recognized the criminal facts of this case and reflects his mistake, and that the operating distance is relatively short is recognized as favorable circumstances for the Defendant.
However, the driving of drinking is a crime that may cause damage not only to the driver's life or property and needs to be punished strictly. The blood alcohol concentration is relatively high by 0.115%, the same crime has been punished several times due to the same kind of crime, etc., the balance of general punishment in cases of the same and similar kind of crimes, and the defendant's age, sex, behavior, intelligence and environment, motive, means and consequence of the crime in this case, the circumstances after the crime, criminal records, family relations, and economic circumstances, and other various circumstances that are the conditions for the sentencing in this case shall be determined as per the disposition.