2. If the defendant does not pay the above fine, 10,000 won.

[criminal power] On August 29, 2008, the Defendant was issued a summary order of KRW 600,000 as a crime of violation of the Road Traffic Act at the First Military Military Court of the Navy of the Navy on August 29, 2008, and was sentenced to a fine of KRW 4 million as the same crime from Ansan Branch of the Suwon District Court on September 10, 2013.

【Criminal Facts】

On November 11, 2019, the Defendant driven a Radon car with a blood alcohol concentration of about 0.041% in the section of about 300 meters from the front of Seocheon-si B to the front of C in the same city.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of a drinking driver, the circumstantial statement of a drinking driver, and the written appraisal of blood alcohol concentration;

1. Previous convictions indicated in his/her judgment: Inquiry records into criminal records, investigation reports, and application of Acts and subordinate statutes governing summary orders;

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is an offense that may cause serious damage to the life, body, and property of another person, and thus the corresponding punishment is needed.

In addition, even though the defendant was sentenced to a fine for a violation of the Road Traffic Act (driving) around 2013, it cannot be deemed that the defendant is less liable because he committed the same crime at once.

However, the sentencing conditions such as the character and conduct, age, motive and background of the crime, circumstances after the crime, blood alcohol concentration level, the distance of drunk driving, the distance of time between the crime of this case and the distance between the crime of drinking alcohol driving and the crime of this case, which can be known through pleadings and arguments, shall be comprehensively taken into account.

It is so ordered as per Disposition for the reasons above.