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Defendant shall be punished by a fine of nine million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On April 7, 2008, the defendant was notified of a summary order of 700,000 won as a crime of violation of the Road Traffic Act at the Busan District Court on April 7, 2008.
On July 23, 2020, at around 21:00, the Defendant driven a dlearning car under the influence of alcohol with approximately 0.126% alcohol concentration at a section of about 1km from the two roads in the northwest-dong in Yangsan-si to the front roads in the same city B from the two roads in the same city.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Report on the results of the control of drinking driving (9) and the status of drinking drivers;
1. Application of Acts and subordinate statutes to investigation reports (verification of the same kind of power), criminal records, and references to criminal records;
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) 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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the confession of the defendant and the penance of the crime in this case, the defendant's records of driving under influence once a fine, the defendant's occurrence of traffic accidents due to the driving under influence of alcohol in this case, but is about physical damage. The defendant's occurrence of traffic accidents due to the driving under influence of alcohol in this case, and other circumstances shown in the records such as blood alcohol concentration level at the time of the defendant, distance of driving under influence of alcohol, age, character and conduct, environment, motive, means and consequence of the crime, etc.