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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Power] On October 1, 2008, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court.
【Criminal Facts】
On September 17, 2019, around 02:35, the Defendant driven a D car while under the influence of alcohol 0.04% with a blood alcohol concentration of 0.04% on the front of the south-gu B hotel road in front of the south-gu B hotel at the port.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, reply reports, and reports on detection of drinking materials, and records of inquiries about management thereof;
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) 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 under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime even though he/she had a record of being punished for the same kind of crime.
However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the defendant's mistake is against himself/herself and not re-offending; (b) there is no specific penalty power other than before and after the judgment; (c) blood alcohol concentration quantity; (d) the distance of the defendant's driving; and (e) the age, character and conduct, circumstances leading to the crime; and (e)