Text
Defendant shall be punished by a fine of 6 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[criminal power] On April 23, 2008, the defendant was sentenced to a summary order of a fine of one million won by the Ulsan District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On November 9, 2019, at around 23:40, the Defendant driven the e-motor bicycle with a blood alcohol concentration of about 0.128% in a section of about 300 meters from the Nam-gu B apartment to the front road of the D cafeteria located in C, Ulsan-gu B apartment.
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. Making a report on the control of drinking driving;
1. Criminal records, inquiry reports, and application of summary order-related Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;
1. Articles 53 and 55 (1) 3 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 fact that there exists any record of being sentenced to a fine once (2008) for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, more than 10 years from the above previous conviction, the fact that not less than 10 years have elapsed from the previous conviction, the fact that the driver drives a two-wheeled vehicle, the fact that the driver sells the vehicle and sells the vehicle, and has divided the crimes, and the circumstances of drinking alcohol and the driving under influence