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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On October 13, 2009, the Defendant issued a summary order of KRW 2 million for the crime of violation of the Road Traffic Act in Daegu District Court and its racing support, and on April 18, 2014, the Defendant issued a summary order of KRW 5 million for the same crime.
On July 13, 2019, around 10:13, the Defendant driven an E-5 vehicle while under the influence of alcohol of about 0.045% of alcohol concentration at the 1km section from the front of the Da middle school located in the same Gu C to the front of the Da middle school located in the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the results of the drinking driving control;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had the record of being punished for driving under the influence of Defendant, the vehicle is disposed of in the instant crime. On the other hand, as the so-called “nurging driving” in the instant case, the level of drinking is relatively insignificant, taking into account the following factors: the Defendant’s age, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, etc., and the conditions of sentencing indicated in the record, such as the circumstances after the crime, etc.