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

[Power of violation of Article 44 (1) or (2) of the Road Traffic Act] On January 15, 2010, the Defendant issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act at the Gwangju District Court (Refusal of measurement) and KRW 2 million as a crime of violation of the Road Traffic Act at the same court on July 24, 2018.

【Criminal Facts】

On December 3, 2019, at around 23:47, the Defendant driven a car with approximately 3 meters a volume C SP in front of his/her residence, while under the influence of alcohol 0.076% of blood alcohol level.

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. Notification of the control of drinking driving;

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

1. Records before judgment: Criminal records, repeated statements, and application of each summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that 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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime once again even though he/she was punished twice due to a drunk driving or refusal to take a alcohol test in violation of Article 44(1) or (2) of the Road Traffic Act, and even if he/she was punished once due to the previous drunk driving, so there is a high possibility of criticism.

However, in order to prevent the other party from leaving the workplace when he was her husband who suffered from injury and returned home, the defendant shall be punished by a fine in consideration of the following: (a) the situation where drinking alcohol in this case was driven in order to prevent the other party from leaving the workplace; and (b) the drinking alcohol in this case was not higher than that of other cases.

The amount of the fine shall be reduced by taking into account the above sentencing factors favorable to the defendant, and shall be within the scope of the punishment.