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

[Criminal Power] On May 23, 2018, the Defendant was issued a summary order of KRW 5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 03:00 on July 10, 2020, the Defendant driven a FM6 car in the state of 0.232% alcohol concentration at approximately 800 meters from the front road in Osan City B to the front road of the Eju station located in D in the same city.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving or refusing to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the report on circumstantial statements of a drinking driver and the control results of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), investigation reports (same-class records), and application of Acts and subordinate statutes of one copy of summary order;

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished for driving under the influence of alcohol in 2018, the driving of the instant case was done under the influence of alcohol. Considering the risk of driving under the influence of the majority and the purport of the amendment of the amended Act of which the statutory penalty is raised, the nature of the crime is not easy.

In addition, in that the blood alcohol concentration of the defendant at the time of driving is very high, the risk was also high, and the actual cause of traffic accident was also high.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.