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1. Defendant A shall be punished by a fine of KRW 3,000,000.
Where the above fine is not paid, 50,000 won shall be one day.
Reasons
Punishment of the crime
1. A around 03:00 on July 13, 2013, Defendant A driven a C-roping car with a blood alcohol content of about 0.136% at a section of approximately 1.5 kilometers in a section of around 03:0 to the taxi platform near a smuggling book.
2. Defendant B (criminal record) was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Changwon District Court’s narrow support on November 4, 201, and on January 13, 2011, the above court received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) and violated Article 44(1) of the Road Traffic Act on August 8, 201 by receiving a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On July 13, 2013, at around 03:00, the Defendant driven a vehicle of Da SM520 under the influence of alcohol content of about 0.165% in a section of approximately 300 meters away from the “masturt” to the front of the taxi platform near the Syang-si book.
Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendants’ respective legal statements
1. Reports on detection of each host driver, and circumstantial statements of each host driver;
1. Report on investigation results;
1. Previous convictions indicated in the judgment: Criminal history records, references (B) and the application of Acts and subordinate statutes to report prior to and after each disposition;
1. Relevant Article of the Road Traffic Act and subparagraph A of the punishment: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act; Defendant B: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;
1. Defendant B’s discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;
1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;
1. Defendant B: Article 62 (1) of the Criminal Act;
1. Defendant B: Article 62-2 of the Criminal Act;
1. The order of provisional payment;