When the defendant does not pay the above fine, 100,000 won.

On November 2, 2007, the Defendant was issued a summary order of KRW 1 million by the Ulsan District Court due to a violation of the Road Traffic Act.

On September 16, 2020, the Defendant driven an Eone Star car at approximately 200 meters section from the front side of Gwangju Northern-gu to the front road located in Gwangju Northern-gu, while under the influence of alcohol of 0.096% of blood alcohol level around 22:14.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020) which prescribes the applicable provisions for criminal facts and the choice of punishment;

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 is that the defendant was punished as a drunk driving, and the drinking water in this case constitutes the revocation of driver's license, and thus, the possibility of criticism and social risks are high.

However, considering the fact that the defendant's previous record of drunk driving and the day of the crime in this case have a big interval of time between the defendant's previous record of drunk driving and the day of the crime in this case, the defendant was punished only once and has no record of punishment heavier than imprisonment.

The amount of the fine shall be set at the lower limit of the penalty that has not been mitigated in consideration of the above factors of sentencing.