Defendant shall be punished by a fine of eight million won.

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

Punishment of the crime

On April 26, 2018, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for a violation of the Road Traffic Act.

On August 18, 2019, the Defendant, at around 06:50 on the road in Ulsan-gu B, Ulsan-gu, and thereafter driven a D-to-purd vehicle with a blood alcohol concentration of about 1km from around 0.041% under the influence of alcohol from around the industrial tower in the same new-dong to the front road of the industrial tower located in the same new-dong.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and report on the results of the control of drinking driving;

1. Previous records: Application of criminal records and other inquiry reports, drinking driving records, and investigative reports (Attachment to judgments of the same kind for suspects);

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the driving of drinking alcohol is a serious criminal that may lead not only his own but also another person's life, and that the defendant has been punished twice a total of twice (2005, 2018) due to drinking driving (200), including the previous conviction in the judgment of the court, but also is disadvantageous to the defendant.

However, the fact that the defendant seriously reflects the fact that the crime of this case falls under the so-called night driving that the defendant drives to go home after drinking alcohol at night on the preceding night, and there are circumstances to take into account the circumstance of the crime, and that the blood alcohol concentration at the time is relatively higher than 0.041%, and the defendant has no criminal records other than the above drinking driving, and the record and arguments are shown in the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc.