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

On December 20, 2010, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the Gwangju District Court.

On December 3, 2019, at around 22:37, the Defendant driven a DNA straw freight at approximately 500 meters away from Gwangju Mine-gu B to the front of Gwangju Northern-gu, while under the influence of alcohol of 0.085% of blood alcohol level.

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 to investigation reports (Attachment to the same kind of driving force);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)6 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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, even though he was punished as a drunk driving, has a high possibility of criticism and social risks.

However, considering the fact that the drinking alcohol level in this case is very high compared to other cases, the defendant is sentenced to a fine, considering the fact that there is a high interval between the above drinking alcohol driving record and the date of the crime in this case, and that the defendant has no record of punishment other than the above drinking alcohol driving record.

The amount of the fine shall be determined as per the order within the scope of the sentencing, after reducing the amount in consideration of the above sentencing factors favorable to the defendant.