Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Criminal facts

On June 2, 2008, the Defendant was sentenced to a fine of KRW 1.5 million at the Changwon District Court for the crime of violation of the Road Traffic Act, a fine of KRW 2 million at the same court on June 8, 2009, and a fine of KRW 3 million at the same court on August 31, 2009.

On April 10, 2012, around 7:20, the Defendant driven B cruise car under the influence of alcohol content of about 0.146% at a section of approximately 100 meters from the front of an international apartment located in the Yongsan-gu, Changwon-si, Busan Metropolitan City Ho-si, to the front of a girm kindergarten.

Accordingly, the defendant driving a motor vehicle under the influence of alcohol more than twice, while driving the motor vehicle again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. An inquiry into the enemy (B);

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of a punishment for the crime, and Articles 70 and 69 (2) of the Criminal Act, the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act on the order of provisional payment under Article 334(1) of the Criminal Procedure Act is that the act of driving under the influence of alcohol may cause a large traffic accident and cause a large amount of damage, and thus, the defendant has been punished three times due to the violation of the Road Traffic Act, but again committed the instant crime, and that the blood alcohol concentration level was high, the criminal liability is not easy in light of the fact that the defendant has committed the instant crime.

However, the sentence is imposed as ordered by taking into account all the sentencing conditions shown in the arguments in this case, including the fact that the defendant's time to commit a crime and reflects the wrongness, the distance of driving is relatively short, and the age, character and conduct, and environment of the defendant.