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Defendant shall be punished by a fine of eight million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On July 1, 2019, at around 01:15, the Defendant driven a D car at a distance of about 2 km from the front of the C cafeteria located in Busan Southern-gu to the front of the Yellow-gu tunnel (alternative direction) in the same Dong, while under the influence of alcohol of 0.230% of blood alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of the driving of a motor vehicle;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. Application of Acts and subordinate statutes to any inquiry about the control of drinking driving;
1. Relevant Article of the Act and Article 148-2 (3) 1 of the Road Traffic Act (Selection of Fines) in the choice of applicable criminal facts;
1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. In light of the fact that the sentencing reason of Article 334(1) of the Criminal Procedure Act of the provisional payment order is considerably high in the degree of blood alcohol concentration, the punishment is to be determined as ordered by taking into account the following factors: (a) the Defendant is against the Defendant; (b) the Defendant is a primary offender with no criminal record; (c) the occurrence of the accident due to the driving of the instant case; (d) the cancellation of the registration of the instant vehicle while eradicating the driving of the instant case; and (e) the cancellation of the registration of the instant vehicle; and (b) the sentencing conditions