Where a defendant fails to pay a fine, 100,000 won shall be one day.

[Criminal Power] On September 20, 2010, the Defendant was sentenced to a summary order of 2.5 million won for a violation of the Road Traffic Act (driving) from a creative place method on September 20, 2010; and on April 22, 2015, the Defendant was sentenced to a suspended sentence of 6 months for the same crime in the same court.

【Criminal Facts】

On September 24, 2019, at around 20:23, the Defendant driven a motor vehicle in the E Spati-type under the influence of alcohol with approximately 500 meters alcohol concentration of 0.04% from the front of the road located in the Chungcheongnam-gun B, Chungcheongnam-do, Seoul to the front of D.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry records, written judgments, and other Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. On the grounds of sentencing under Article 334 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The harm of drinking driving, conditions favorable to the majority of the same criminal records, etc.: The fact that the defendant repents and reflects the wrong, the fact that the blood alcohol concentration is low, the family members, etc.