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Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[criminal record] On April 25, 2014, the Defendant received a disposition to forward juvenile protection cases due to a violation of the Road Traffic Act (driving) at the Gyeyang District Prosecutors' Office inside the Suwon District Prosecutors' Office.
【Criminal Facts】
On July 28, 2020, at around 00:53, the Defendant driven CM5 car from approximately 7 km from the front day of the mountain road in the Sinpo-si, Busan Metropolitan City to the front day of the Gu in Ansan-si while under the influence of alcohol by 0.185% of blood alcohol concentration.
Accordingly, the Defendant violated the duty of prohibition of drunk driving at least twice under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, notification on the results of control of drinking driving, and making an inquiry into the vehicle;
1. Previous records before ruling: Application of criminal history records, inquiry reports (written opinions on the same kind of case and binding of forwarding decisions);
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
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 the order of provisional payment are against the defendant's recognition of the crime, the fact that the defendant has no record of criminal punishment, blood alcohol concentration, driving distance, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., and all the conditions for sentencing as shown in the argument of the case, such as the circumstances after the crime, shall be determined as the order.