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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
On July 3, 2017, the Defendant was issued a summary order of KRW 5 million by the Changwon District Court for a crime of violation of the Road Traffic Act.
On November 22, 2019, around 22:13, 2019, the Defendant driven an E-Korean cruise car while under the influence of alcohol content 0.05% with a section of about 10k up to the D- way located in C at the Changwon-si Bridge parking lot.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and investigation reports;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Scope of applicable sentences under law: Fines of 10 million won to 20 million won;
2. Non-application of the sentencing criteria: The sentencing criteria are not set.
3. The Defendant, who was sentenced to a sentence, was under the influence of drinking, even though he had the ability to punish a fine once in 2009 due to a drunk driving.
However, the defendant reflects on the crime.
The drinking driving did not cause a traffic accident while driving.
In the blood alcohol concentration of 0.055%, the state of exploitation is relatively not much significant.
No criminal records except the above-mentioned criminal records shall be recorded.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.