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Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On August 31, 2012, at around 01:30, the Defendant driven C Poter Cargo Vehicles with the blood alcohol concentration of about 0.261% from the five-lane section of approximately 473-5, Anyang-si, Anyang-si, Anyang-si, Anyang-si, to the roads of the same 473-5, Gyeyang-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the circumstantial report of a host driver and the report on detection of a host driver;
1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that choose the penalty for the crime;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a history of criminal punishment for driving under the influence of alcohol multiple times in the past, it is necessary to strictly punish a motor vehicle under the influence of alcohol concentration 0.261%.
However, the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant has a depth of his mistake, the fact that there is only the past record of being sentenced to a fine, and the age, character and conduct of the defendant and the environment, shall be determined as the same as the order.