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Defendant shall be punished by a fine of KRW 8,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[criminal history] On November 25, 2016, the Defendant was issued a summary order of KRW 4 million as a crime of violating road traffic law (drinking driving) at the Incheon District Court’s Busan District Court’s Branch Branch on November 25, 2016.
[Criminal facts] On November 11, 2020, the Defendant driven Dcelltop motor vehicles in the state of alcohol concentration of about 0.046% in a section of about 200 meters from the front road of Busan Metropolitan City to the front road of Busan Metropolitan City, Seocheon-si, 2020, while under the influence of alcohol concentration of about 0.046%.
Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Report on the circumstances of the driver who is placed in the police interrogation protocol on the accused's statutory statement, report on the state of his driving, notification on the results of regulating the driving of drinking, and report on the driver's license register of the motor vehicle which is inquired of the results of regulating the driving of drinking, and a report on the investigation of the vehicle into the next inquiry
1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (verification of the same kind of force), and application of summary order statutes;
1. Relevant legal provisions on criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act (the point of drinking), and the choice of a fine (the Defendant, even though punished by a fine for driving under the influence of alcohol in 2016, committed a crime of drinking under the influence of alcohol in this case, and thus, is likely to repeat the crime.
However, the Defendant shall be punished by a fine and the amount of fine shall be determined, considering the fact that all of the instant crimes were led to the confession of the instant crimes and the violation of the Punishment of Violences, etc. Act 2014, and that there is no other criminal punishment except the fine of KRW 700,00 and one time fine due to drinking driving as seen earlier, and that the amount of fine shall be determined by taking into account the fact that the instant crime is not a highly high level of alcohol content at the time of
1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.