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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On December 12, 2017, at around 23:13, the Defendant driven a B knife with alcohol level of approximately 0.104% from a public parking lot near the southwest-si, Busan, Bupyeong-gu, Busan to the front road. From around 1.5km to the front road, the Defendant driven a B knife with alcohol level of about 0.104% in the blood alcohol level.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);
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 reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment was that the Defendant, who had been punished by a fine for drinking on three occasions, once again driven alcohol and led to the instant crime.
It is limited to the extent that the defendant's drinking value is not somewhat weak.
Considering the social risk of drinking driving, the defendant's crime needs to be punished strictly.
However, the defendant acknowledges the crime in this court, and shows a serious reflectivity that does not repeat the crime.
Although the defendant had been sentenced to a fine due to three-time driving of drinking, this constitutes a relatively long-term electric power, which is a criminal record of around 2002, around 2003, and around 2008, and the drinking volume did not reach a relatively significant degree.
Defendant has no record of criminal punishment, except for the above three-time criminal records, and has no record of criminal punishment, nor has a criminal record of suspended execution or more.
The Defendant stated the circumstances leading up to the crime to the effect that the Defendant, waiting for a substitute driver for more than one hour, took a wrong mind that he would have been driving, and after normal drinking, he seems to have used the substitute driver.
In addition, the crime of this case did not cause personal and material damage.
The defendant.