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

On November 28, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On October 11, 2019, at around 22:25, the Defendant driven a C-wing and Ⅲ cargo vehicle while under the influence of alcohol alcohol concentration of about 0.126% in the 50-meter radius from the front side of the B-House of Naju City to the nearby three distance.

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. Statement of D police statement;

1. A traffic accident report;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports (a copy of the previous records and summary order attached) and Acts and subordinate statutes;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant was punished for a drunk driving in 2017. Since the drinking water level in the instant case is high, the possibility of criticism and social risks are high.

However, an accident that occurred at the time of driving of the instant case is not caused by the negligence of the Defendant, and thus cannot be considered as an unfavorable factor for sentencing, and the fact that the Defendant has no record of punishment except once before and after the person was sentenced to a fine, the Defendant is selected by considering the age, environment, etc. of the Defendant.

The amount of the fine shall be determined as the lowest amount which does not reduce the amount of the fine in consideration of equity with other cases, as seen above.