Defendant shall be punished by a fine of KRW 13,000,000.

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

Punishment of the crime

On June 14, 2017, the Defendant was issued a summary order of a fine of three million won by the Suwon District Court for a violation of the Road Traffic Act.

Nevertheless, at around 23:00 on August 17, 2020, the Defendant driven a FMW X5 car under the influence of alcohol concentration of about 0.210% in the 3km section from the front of the “C” restaurant in Ssung City B to the e-Dong D apartment E-dong parking lot in e-mail.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, reply reports on criminal records, amounts of undisposition, and reports on results of confirmation (Attachment to summary orders);

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

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 committed the crime of drinking alcohol in this case even though he had a history of being punished by a fine due to drinking driving, and the blood alcohol concentration level at the time of the case is very high. In light of the risk of the accident caused by the accident and the purport of the amendment of the Act increased by the statutory penalty, the nature of the crime is not somewhat weak.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction in excess of the fine yet, and the fact that the accident does not lead to the accident, the punishment as ordered shall be determined by taking into account the following factors: the defendant's age, attitude, environment, driving circumstances, distance, drinking volume, circumstances after the crime, etc., and the various sentencing conditions shown in the records and arguments.