Defendant shall be punished by a fine of 12,000,000 won.

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

Punishment of the crime

[Criminal Power] On April 2, 2014, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court for the crime of violation of the Road Traffic Act (Refusal of Measurement).

【Criminal Facts】

On July 25, 2020, at around 19:32, the Defendant driven a D passenger vehicle from the underground parking lot of B apartment to the front of the C apartment stop in the period of 0.16% alcohol level, when he was under the influence of alcohol from 0.16%.

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 records: Application of criminal records, inquiry reports, investigation reports (Attachment of the same type of electric records) and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of a fine concerning criminal facts, and the choice of a fine;

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, even though the Defendant had a relatively recent history of having been punished by a fine due to a drunk driving, the instant drinking driving was conducted at the same time, and the blood alcohol concentration level at the time was also high. Considering the purport of the amendment of the Act increased by statutory penalty, the quality of the Defendant’s crime is not easy.

However, considering the fact that the defendant is led to confession and reflect, and that the accident does not lead to the accident, the defendant's age, attitude, family relationship, driving circumstances and distance, drinking volume and circumstances after the crime, etc., the punishment shall be determined as ordered by considering various sentencing conditions as shown in the records and arguments.