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Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[criminal power] On October 26, 2009, the Defendant received a summary order of a fine of one million won for the crime of violating the Road Traffic Act at the Ulsan District Court on the charge of violation of the Road Traffic Act. On March 23, 2010, the Defendant was sentenced to a suspended sentence of one year and six months for the same crime in the same court.
【Criminal Facts】
At around 07:00 on September 7, 2019, the Defendant driven a BNS G80 car with approximately 2km alcohol concentration of about 0.073% in a section of about 2km from the south-gu Office located in Ulsan-gu, Ulsan-gu to the Taean-dong located in Ulsan-dong, Nam-gu, Ulsan-gu, Seoul-do, to the Taean-do sub-road located in Ulsan-dong.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Inquiry reports on criminal records, etc., investigation reports (Attachment to a summary order, etc. of the same kind of power), and application of each summary order 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 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, even though the defendant had been punished for the previous two times or more as a drunk driving, and again, the defendant committed the crime of dry drinking driving in light of the social harm and danger of drunk driving, and the nature of the crime of the crime of the dry Drinking Driving in light of the social harm and danger of the drunk driving, there is a high possibility of criticism, and there are several records that the defendant was punished as a non-exclusive driving as well as the drunk driving, and the defendant was sentenced to six months of imprisonment with prison labor at the Ulsan District Court on January 12, 2018 for fraud.
9. 8. After the execution of the sentence was completed, the fact that the Defendant committed a crime of dry drinking during the period of repeated crime is disadvantageous to the Defendant.
However, the defendant recognized his crime, reflects his mistake in depth, and repeats the same crime again.