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Defendant
A A A shall be punished by a fine of 2,000,000 won, and Defendant B shall be punished by imprisonment for six months.
Defendant
A does not pay the above fine.
Reasons
Criminal facts
1. Around 00:30 on March 4, 2015, Defendant A’s violation of the Road Traffic Act (driving a sound driving) driven a D-crop-type cruise car under the influence of alcohol content of about 0.098% at a section of about 100 meters from the original hot spring parking lot located in Sungwon-gu, Sungwon-gu, Sungwon-si to the same movable property to the 43rd road.
2. On April 5, 2010, Defendant B received a summary order of KRW 1 million from the Changwon District Court to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act, and a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Changwon District Court on August 21, 2013.
On March 4, 2015, at around 00:30, the Defendant driven a car Alba-in in the state of alcohol 0.108% of blood alcohol concentration from approximately 50 meters away from the 50m section of the same movable property to the 43rd road located in Sung-gu, Sungwon-si, Sungwon-si.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each report on the detection of the Defendants from each host driver;
1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of a summary order) on Defendant B
1. A of pertinent legal provisions concerning criminal facts: Articles 148-2 (2) 3 and 44 (1) 2 of the Road Traffic Act; Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;
1. Defendant A who is selected to impose a fine: Defendant B who is selected to impose a fine;
1. Discretionary mitigation (Defendant B) Articles 53 and 55 (1) 3 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act shall be confined in a workhouse (Defendant A);
1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the same Act; Article 62 (1) of the same Act);
1. Order to attend lectures (Defendant B) Article 62-2 of the Criminal Act;