Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

[Criminal Power] On November 16, 2007, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Seocho District Court’s Seocho Branch Branch.

【Criminal Facts】

On June 15, 2020, the Defendant was under the influence of alcohol of 0.078% of blood alcohol concentration at around 21:25 on June 15, 2020, and the Defendant driven DK5 cars at approximately 3km from around C cafeteria in the Seocho-si B to the front road of the Seocho-si Library located in 89, Sincho-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification of the results of the regulation of drinking driving, and the next inquiry;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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. The defendant with reason for sentencing of Article 334(1) of the Criminal Procedure Act, even though he had a record of punishment for the same kind of crime, has committed the same kind of crime.

In addition, the crime of drinking driving is highly likely to cause danger to life, body and property of a third party, and there is a need for strict punishment.

However, the defendant's mistake is recognized, and the defendant's last punishment for the same kind of crime is about 13 years prior to this case.

In addition, the sentence shall be determined as ordered in consideration of all the sentencing conditions, such as the background of the instant crime and the blood alcohol concentration of the Defendant at the time of the instant case.