Defendant shall be punished by a fine of KRW 9,000,000.

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

Punishment of the crime

On May 30, 2011, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act from the Gwangju District Court's Netcheon Branch.

On September 22, 2020, the Defendant driven CMW car under the influence of alcohol with approximately 0.086% alcohol level from the 1km section to the road in front of the ecological tunnel of the female Customshouse, which is located in CMW car 39, from the front of the B Hospital, where it is difficult to know the specific address below the educational dong at the time of leisure.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Criminal records as stated in the defendant's legal statement, statement, record of driving under the influence of alcohol, investigation report on the situation of a driver under the influence of alcohol, and criminal records: Application of one of the Acts and subordinate statutes attached to the criminal records, etc. and one of the 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. 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. 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, the social harm caused by drunk driving is very serious and thus, it is necessary to severely punish the Defendant. Even though the Defendant had been sentenced to a fine for the violation of the Road Traffic Act of 2011, it cannot be said that the Defendant’s responsibility is somewhat weak in that he/she repeats the crime.

In addition, the defendant's punishment against the defendant shall be determined by comprehensively taking into account the circumstances leading to the drinking driving of the case, the blood alcohol concentration (0.086%) and driving distance, the circumstances leading to the detection of the crime of drinking alcohol of the case, the defendant's age, character and conduct, criminal records, and the case of sentencing in all cases similar to the sentencing factors indicated in the argument of the case, such as the time interval with the previous crime.