If the defendant does not pay the above fine, KRW 100,000.

[Criminal Power] On December 4, 2015, the Defendant was ordered to suspend indictment for a violation of the Road Traffic Act at the Ulsan District Prosecutors' Office.

【Criminal Facts】

At around 21:40 on January 11, 2020, the Defendant driven a F K5 vehicle while under the influence of alcohol with about 0.049% alcohol concentration from the 1km section from the front of the C cafeteria located in Yangsan City, to the E store located in D in Yangsan City.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Inquiries about the results of crackdown on drinking driving;

1. Criminal records as indicated in the judgment: Application of inquiry reports, investigation reports, written decisions on non-prosecution, and written opinions, such as criminal records, etc.;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

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

1. Even though there was a record of being punished twice due to drunk driving before the reason for sentencing under Article 334(1) of the Criminal Procedure Act prior to the order of provisional payment, and the one-time suspension of indictment was imposed, the fact that the Defendant committed the crime of drinking driving in this case is disadvantageous to the Defendant.

At the time, the defendant's blood alcohol concentration level is not high, the risk of traffic accident has not been realized due to the crime of this case, the defendant recognizes and reflects the crime, and there is no criminal record exceeding the fine, etc. are favorable to the defendant.

In addition, the sentencing conditions specified in the records and arguments, such as the age, character and conduct, environment, occupation, motive and consequence of the crime, the circumstances after the crime, etc., shall be determined as ordered by considering the whole circumstances.