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

On November 1, 201, the Defendant was sentenced to a fine of 100 as a crime of violation of the Road Traffic Act at the Busan District Court.

On October 5, 2019, at around 22:05, the Defendant driven the EM7 car in a state of alcohol of about 0.115% alcohol concentration from a section of about 200 meters from the C Park parking lot located in Seo-gu Busan to the entrance of D village.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on request for appraisal, and report on detection of the driver;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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 (The following extenuating circumstances among the reasons for sentencing):

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

1. In light of the fact that the Defendant again committed the instant crime despite the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished as a crime of violating the Road Traffic Act, and that the Defendant’s blood alcohol concentration at the time of the instant crime is relatively high, the liability for the instant crime is not somewhat weak.

However, it is difficult to conclude that the crime of this case was committed at the time when eight years have elapsed since the crime of this case was committed under the influence of alcohol, and the defendant's mistake was divided and tried not to repeat again, and the distance of this case driving was not long, and the actual risk of traffic accidents, etc. was not occurred. The crime of this case was committed at the time when eight years have passed since the crime of the previous drinking driving. It is difficult to conclude that it was due to the defendant's obvious lack of compliance spirit or safety awareness about traffic regulations, and the defendant has no criminal records other than the punishment of one fine (one million won) due to the crime of the former Road Traffic Act.