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Defendant shall be punished by a fine of 6 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On January 10, 2013, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Ulsan District Court.
On October 10, 2019, around 23:19, the Defendant driven a FST7 car in the state of drunk alcohol concentration of about 0.13% from the 1km section to the roads of D apartment E-dong in the same city from the mnive restaurant near the “C” store in Yangsan-si B.
Accordingly, the defendant violated the Road Traffic Act prohibiting driving at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports, investigation reports (attached to a summary order), and summary order decisions;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the following: (a) the accused has led to the crime in this case and has been repented; (b) the accused has a history of driving under influence once and there is no criminal penalty force; (c) additional damage, such as traffic accidents, has not occurred due to the Defendant's drunk driving; and (d) the accused has determined the punishment as ordered by the disposition, comprehensively taking into account all the circumstances indicated in the records such as blood alcohol concentration level at the time of the crime, the distance of drunk alcohol level, age, character and conduct, environment, motive, means