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

On December 20, 2016, the Defendant was issued a summary order of KRW 5 million by the Gwangju District Court for a crime of violation of the Road Traffic Act.

On February 14, 2020, at around 22:50, the Defendant driven a Fpoter II truck from the front side of the cafeteria in Gwangju Mine-gu to the front side of the same D apartment E-dong in approximately 150 meters, while under the influence of alcohol of 0.132% of alcohol level.

As a result, the defendant, even though he had been punished for refusing to take a alcohol test, has driven a motor vehicle while under the influence of alcohol and has violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records: Application of one copy of inquiry report and summary order, such as criminal records;

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

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

1. Even though the defendant had been punished by refusing to take a drinking test for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the defendant committed the crime of this case again because it has not been long.

However, in full view of all the sentencing conditions shown in the records and arguments of this case, including the fact that the defendant has divided his mistake and has no record of being punished by a fine or heavier punishment for the defendant at the time of the crime of this case, the degree of blood alcohol, the circumstances leading to drinking, the distance and place of drinking driving, the age of the defendant, character and conduct, and circumstances before and after the crime of this case, etc., the punishment shall be determined as ordered.