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 February 6, 2015, the Defendant was issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act by the Gwangju District Court.

At around 23:35 on October 7, 2019, the Defendant driven a vehicle at approximately 1.5 km from the front line of the trade name in the Seo-gu Pungdong, Seo-gu to the front line of the “C” in the same Gu from around 0.093% of blood alcohol concentration.

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 control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a 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. Mitigation of discretionary mitigation under Articles 53 and 55(1)6 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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 defendant, even though he was punished as a drunk driving, has a high possibility of criticism and social risks.

However, it cannot be deemed that the drinking water of this case is high in other cases, the defendant is sentenced to a fine in consideration of the fact that there is no record of punishment other than the punishment imposed by the above drinking driving, and the balance with other cases.

The amount of the fine shall be determined within the scope of the penalty, after discretionary mitigation, taking into account the above circumstances.