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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On November 15, 2018, at around 23:51, the Defendant driven a e-learning car under the influence of alcohol concentration of 0.153% from the parking lot C located in Seocheon-si B of Gyeonggi-si to the front road of the Incheon Gyeyang-gu D apartment.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the reporting on the circumstantial statements of a drinking driver, and the control of drinking driving;
1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of fines for criminal facts;
1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da11448, Apr. 1, 2006)
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shows the attitude of recognizing and reflecting the instant crime, and the Defendant has no record of criminal punishment until now, taking into account the following factors: the Defendant’s age, character and conduct, family relationship, family environment, motive and means of the instant crime, circumstances after the crime, etc., and all of the sentencing conditions as shown in the records and arguments, such as the Defendant’s age, character and conduct, family relationship