Defendant shall be punished by a fine of KRW 8,000,000.

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

Punishment of the crime

On April 5, 2013, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act by the Gwangju District Court.

On October 27, 2020, the Defendant driven a dlearning car at a section of approximately 2 meters front of the “C” located in the Gwangju Mine District, while under the influence of alcohol level of 0.103% among blood transfusions around 20:15.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. A traffic accident report;

1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020) on criminal facts;

1. Article 53 and Article 55(1)6 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the Defendant was punished as a drinking driver, is driving under the influence of alcohol, so the possibility of criticism and social risks are high.

However, there are circumstances in which the distance of the Defendant’s driving is short and the circumstances leading to driving of drinking are considered, there is no other punishment except for the Defendant’s one-time punishment due to driving of drinking, and there is a little time gap between the previous conviction of drinking and the date of the instant crime, and the Defendant scrapped the instant vehicle by distinguishing the Defendant’s mistake. However, since the instant vehicle is in the form of 2005, it is only more favorable sentencing factors.

The defendant shall be sentenced to a fine in consideration of circumstances.

The amount of the fine shall be determined as ordered after the reduction of the amount, taking into account the above sentencing factors favorable to the defendant, within the scope of the sentencing range.