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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On June 30, 2017, the Defendant, while under the influence of alcohol level of 0.195% among blood transfusions around 05:58, driven a 1 km B son car at the front of the two wharfs located in the middle-gu Busan Metropolitan City, and located in the center of the same Gu on the road located in the south-gu, Busan Metropolitan City.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to a report on the circumstances of driving a drinking and the results of regulating drinking driving;
1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. In the event that the alcohol content in blood for the reason of sentencing of Article 334(1) of the Criminal Procedure Act is 0.1% or more but less than 0.2%, a fine prescribed by law is 3 million won or more to 5 million won, and if the blood alcohol content is 0.2% or more, a fine prescribed by law is 5 million won or more.
The defendant's blood alcohol concentration is less than 0.195% which is less than 0.2%, and considering such various circumstances as alcohol concentration during such blood, the defendant's driving background, and property status, the appropriate amount of fine against the defendant is 4 million won.
Therefore, a fine of 4 million won shall be maintained.