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Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[criminal history] On November 24, 2015, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Busan District Court.
[Criminal facts] The Defendant driven a E-Poter drive from the front road located in Kimpo-si B on November 8, 2020 to the front road in the same Kimpo-si D, about 4km to the same Kimpo-si D, while under the influence of alcohol concentration of about 0.091%.
Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Each investigation report by the defendant's legal statement concerning the police's statement concerning the suspect interrogation protocol by the police against the defendant, notification of the result of regulating driving of alcohol (0.065% alcohol concentration in blood, blood collection, and 0.091% alcohol concentration in blood), report on the actual condition of traffic accident, report on the occurrence of traffic accidents, report on the vehicle driver's license register of the accident scene, vehicle register of the accident scene photographic vehicle register, tea inspection, seizure report on alcohol level (0.091% in blood), report on the history of alcohol during mandatory insurance (in the blood), list of seizure (in the blood of the defendant), report on the investigation (in the circumstance of the main driver's license, investigation into traffic accidents, results of appraisal of alcohol concentration in blood); and report on the investigation (in the blood of the defendant);
1. Previous convictions: Inquiry of criminal history, report on the result of confirmation of the previous convictions and application of summary order-related Acts and subordinate statutes;
1. In light of the relevant legal provisions on criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act (the point of drinking), and the choice of fines (the Defendant, despite having been punished for driving under the influence of alcohol in 2015, again committed the instant crime of driving under the influence of alcohol in 2015, there is a risk of repeating a crime. At the time of committing the instant crime, there is a high alcohol concentration in the blood, and the Defendant, at the time of committing the instant crime, causes a traffic accident involving vehicles being driven under the influence of alcohol due to neglect of duty for driving under the influence of alcohol and under the influence of alcohol.
However, the defendant confessions all of the crimes of this case and is in profoundly against the defendant, and the defendant is in accordance with the aforementioned provisions.