If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

On December 6, 2012, the Defendant was issued a summary order of a fine of five million won for a violation of the Road Traffic Act (refluence of measurement) at the Hongsung Branch of Daejeon District Court on December 6, 2012, and a summary order of three million won for a violation of the Road Traffic Act (refluence of measurement) at the same court on January 2, 2014.

On July 3, 2020, the Defendant, while under the influence of alcohol 0.184% on blood alcohol level around 23:43, 2020, driven the E salary class III cargo vehicle at approximately 100 meters from the front of the Chungcheongnam-nam Budget apartment to the front of D in C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the situation of running a motor vehicle at home);

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of each relevant summary order attached thereto;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

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 order of provisional payment is that the Defendant committed the instant crime even though he/she had the record of being punished twice due to a drunk driving in the past. As such, the fact that the nature of the instant crime is not good, and that the blood alcohol concentration reaches 0.184% and that the drinking alcohol level is very high is disadvantageous to the Defendant.

However, in full view of the following: (a) the Defendant recognized his mistake; (b) the Defendant has no record of criminal punishment heavier than the fine; and (c) the Defendant would not drive under drinking while disposing of the retained vehicle; and (d) the circumstances leading to the instant crime; (b) the recovery and frequency of punishment due to drinking driving; and (c) the Defendant’s age and character and conduct, etc., the sentence shall be determined as per the order.