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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 December 26, 2013, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act from the Ulsan District Court.
At around 01:20 on April 11, 2020, the Defendant driven a DNA car under the influence of alcohol level of about 0.150% in the section of approximately 10m of blood alcohol level in the Ulsan-gu B apartment C-dong underground parking lot.
As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the result of the crackdown on drinking driving;
1. Application of Acts and subordinate statutes to investigation reports (Attachment to attached criminal records);
1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;
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. The sentence of provisional payment order under Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of all the circumstances revealed in the records, such as the following circumstances and the defendant’s age, character and conduct, environment, and circumstances after the crime.
The unfavorable circumstances: The fact that there was a history of punishment twice due to drunk driving (2003, 2013, 2013), the circumstance that is favorable to the high drinking value: one's mistake is recognized and reflects his mistake, and the fact that it has been moving to the underground parking lot of an apartment that has a residential area by proxy driving at the time of the crime of this case, and the parking has resulted in the crime of this case in the course of parking the vehicle on the wind outside of the agency driving officer due to the problem of parking, which is short of the driving distance, and is not deemed to have been driven under the influence of alcohol due to the lack of compliance spirit and safety awareness with traffic regulations, and there is no previous criminal record other than the fact that