Defendant shall be punished by a fine of 12,000,000 won.

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

Punishment of the crime

[Criminal Power] On June 22, 2016, the Defendant was ordered to suspend indictment for a violation of the Road Traffic Act at the office of the competent district public prosecutor's office in Gwangju District public prosecutor's office as of the same day.

【Criminal Facts】

On September 28, 2020, at around 21:05, the Defendant driven a DN-si car in the state of alcohol with approximately 4 km alcohol concentration of about 0.078% from the 4km section to the roads before the station of gas stations in the same city, which are located in CY.B.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Criminal records as indicated in the judgment: Application of one copy of inquiry report on criminal records, etc. and one copy of a decision not to prosecute;

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 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 instant crime, it constitutes an element for sentencing unfavorable to the Defendant, even if the Defendant was under the influence of the suspension of indictment in 2016 even after driving under the influence of alcohol, and the Defendant committed a second offense even in the past 2001.

In addition, the social harm caused by drinking driving is very serious and thus it is necessary to punish the defendant significantly, and the defendant's degree of punishment is determined by comprehensively taking into account the circumstances leading to drinking driving of this case, the degree of blood alcohol level (0.078%) and driving distance of this case, the circumstances leading to detection of the crime of drinking driving of this case, the defendant's age, character and behavior, occupation, criminal records, and the case of sentencing in cases similar to all sentencing factors shown in the argument of this case, such as the time interval between the previous crimes, etc.