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

On September 1, 2008, the Defendant was issued a summary order of KRW 1 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On December 23, 2019, at around 20:53, the Defendant driven a franchising car from the parking lot adjacent to the C association located adjacent to the State-si B with a 0.052% alcohol concentration from around 300 meters to the E-road located in D in the same city.

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. Notification of the control of drinking driving;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a 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. Mitigation of discretionary mitigation under Articles 53 and 55(1)6 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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, even though he was punished as a drunk driving, has a high possibility of criticism and social risks.

However, in consideration of the fact that the drinking water of this case is not high in other cases, there is a big interval between the previous record of drinking and the criminal day of this case, there is no history of punishment heavier than imprisonment with prison labor, and the fact that the defendant repents his mistake, etc., a fine shall be imposed on the defendant.

The amount of the fine shall be determined as per the order within the scope of the sentencing, after reducing the amount in consideration of the above sentencing factors favorable to the defendant.