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

[Criminal Power] On September 17, 2010, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Gwangju District Court’s net support.

【Criminal Facts】

On August 20, 2020, at around 20:56, the Defendant driven a “Bcafeteria” parking lot from the “Bcafeteria” parking lot to the “D” road in the Ycheon City, where the Defendant is unable to know the specific address below the “Bcafeteria,” with approximately 700 meters water level to the “D” road in the Ycheon City, while under the influence of alcohol with 0.042% of alcohol level.

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. Making a report on the results of regulating drinking driving;

1. Report on the circumstantial statement of the driver and report on the circumstances of the driver’s license;

1. Criminal records as indicated in the judgment: Application of the inquiry report on criminal records, etc. (A), investigation report (one-time electric power), and summary order under statutes of one copy of the 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. 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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes and reflects the crime of this case, the social harm caused by drunk driving is very serious and thus, it is necessary to strictly punish the crime. Even though it has been sentenced to a fine for a violation of the Road Traffic Act of 2010, the defendant's responsibility cannot be deemed to be somewhat weak in that he/she repeats the crime.

However, the fact that the defendant's blood alcohol concentration is relatively low to 0.042% shall be considered in the sentencing.

Other cases similar to all of the sentencing factors indicated in the argument of this case, such as the background leading up to the driving of this case, the blood alcohol concentration and driving distance of this case, the background leading up to the detection of the crime of drinking alcohol of this case, the defendant's age, character and conduct, criminal records, and the interval between the past and the previous crimes.