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Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Power] On May 10, 2016, the Defendant was sentenced to a summary order of KRW 1 million for the crime of violating the Road Traffic Act at the Busan District Court.
【Criminal Facts】
On September 6, 2019, at around 22:17, the Defendant driven a B-learning car under the influence of alcohol content of approximately 0.128% from the 1km section from the front of the upper point on the name in the location of the Yongsan-gu Yongsan-gu, Changwon-si, Busan, to the front road of the Busan Gangseo-gu, Songdong-dong forest.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;
1. Previouss before and after judgments: Criminal records, replys to criminal records, and application of Acts and subordinate statutes (Jinsan District Court Decision 2016 High Court Decision 2057);
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, and selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the instant order for provisional payment are as follows: (a) the degree of blood alcohol content at the time of the instant crime; (b) the distance of actual driving; (c) the previous criminal records; and (d) the Defendant’s age and character, motive, means and consequence of the instant crime; and (d) the conditions for sentencing specified in the oral argument