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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
[Criminal Power] On June 14, 2019, the Defendant received a summary order of KRW 1.5 million by the same court as a crime of violating the Road Traffic Act.
【Criminal Facts】
On July 8, 2019, the Defendant was punished for driving a motor vehicle under the influence of alcohol, but on July 21, 2019, at approximately 500 meters from the road front of the C cafeteria located in Busan-gun, Busan-gun to the road front of the E cafeteria located in D, the Defendant driven a Fol-do motor vehicle under the influence of alcohol level of about 0.067%.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. The circumstantial statement of the employee;
1. Report on the situation of the main driving;
1. Previous for judgment: Application of criminal history records, references to criminal records, amounts of dispositions, reporting on results of confirmation, and each summary order (Evidence List No. 18, 22);
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 for a 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the order of provisional payment does not seem to be less severe in light of the fact that the defendant was punished for a drunk driving, and thus, he was punished once for a drunk driving in 2003.
However, the above circumstances reflect his mistake, the blood alcohol concentration level is low, the distance of drunk driving is relatively short, the defendant has no criminal record other than the above criminal records, the defendant's age, character and behavior, environment, etc. are considered as a whole, and the amount of fine is determined within the scope of the discretionary mitigation as stated in the order.