Defendant shall be punished by a fine of KRW 10,000,000.

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

Punishment of the crime

[Criminal history] On August 10, 2015, the Defendant was sentenced to suspension of indictment on the crime of violating road traffic law (driving) at the Daegu District Public Prosecutor's Office.

[Criminal facts] On November 9, 2020, the Defendant driven a C G70 car from the non-cafeteria-dong located in Daegu Northern-gu, Daegu-dong to approximately 3km to the same Gu B.

In the vicinity of the above place, the Defendant driven a motor vehicle under the influence of alcohol even if he/she was under the influence of alcohol, even if he/she was under the influence of alcohol, such as a red and a red walk, and a fluoring of walking.

There are reasonable grounds to recognize the same day, which was demanded from 21:30 to 21:45 on the same day to respond to the measurement of drinking by inserting the whole influence of a drinking measuring instrument three times.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds.

Accordingly, the Defendant violated Article 44(1) or 44(2) of the Road Traffic Act at least twice.

Article 44(1) of the Road Traffic Act (hereinafter referred to as the “Act”) prohibits a person from driving a motor vehicle, etc. while under the influence of alcohol, and Article 148-2(1)1 of the Act (hereinafter referred to as the “instant provision”) provides that “any person who violates Article 44(1) on at least two occasions,” and again, a person who drives a motor vehicle, etc. while under the influence of alcohol, in violation of Article 44(1), shall be punished by imprisonment with prison labor for at least one year but not more than three years, or by a fine not less than 5 million won and not more than 10 million won.

The instant provision simply provides that the subject of the act is not limited to a person who has violated the prohibition on drinking at least twice, and is not limited to a case where the person was sentenced to punishment or was convicted of violating the prohibition on drinking alcohol driving.

This is about the normative nature of a person who repeatedly violates the prohibition of drinking driving regulations, i.e., traffic laws.