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Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On October 22, 2007, the Defendant received a summary order of KRW 1,500,000,000 as a fine for a violation of the Road Traffic Act, and on February 17, 2012, the Defendant received a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act from an Ansan Branch of the Suwon District Court.
On August 26, 2016, at around 09:48, the Defendant driven a subway vehicle B while under the influence of alcohol with approximately 3km alcohol content of about 0.087% from the subway station in front of the subway station in the Sinsi-si, Sinsi-si to the front of the sports park located in the 50th Station in the Sinsi-si.
Accordingly, the defendant has violated Article 44 (1) of the Road Traffic Act not less than twice and also driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of a drinking driver, and the place where drinking is measured;
1. Previous records: Criminal records, etc. and inquiries and criminal investigation reports and the application of Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334(1) of the Criminal Procedure Act provides that the instant crime has been committed once again despite the record of the same kind of crime for sentencing.
It is necessary to make strict penalties.
However, it was not immediately after drinking but during the following day's work.
The mistake is recognized and reflected.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, character and conduct, environment, motive and background of the crime, circumstances after the crime was committed, and all the sentencing conditions specified in the records and arguments of this case.