Defendant shall be punished by a fine of KRW 8,000,000.

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

Punishment of the crime

On May 13, 2014, the Defendant was punished by a fine of KRW 1 million for a violation of the Road Traffic Act in the Sung-nam Branch of Suwon District Court on May 13, 201. However, around January 22:13, 2020, the Defendant driven a FM car while under the influence of alcohol leveling about 0.058% in the section of approximately 200 meters from the front day of Busan Gangseo-gu to the front day of E located in D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of a drinking driver, report on the circumstantial statement of a drinking driver, investigation report, response to requests for appraisal, and notification of the results of the control of drinking driving (blood collection results);

1. Records of judgment: Application of criminal records, repeated records, and Acts and subordinate statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the fact that the Defendant again committed the instant crime even though he/she had the record of having been punished as a crime of violating the Road Traffic Act as the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the liability for the said crime is not somewhat minor.

However, it is difficult to conclude that the crime of this case was committed after about five years from the time when the defendant committed the crime of driving under the influence of alcohol, and it is difficult to conclude that it was due to the realization of the defendant's awareness of compliance with traffic regulations or safety awareness, such as the fact that the defendant has no criminal record exceeding a fine, such as the distance of driving under the influence of alcohol, the degree of driving under the influence of alcohol, the age of the defendant, character and conduct, and circumstances after the crime, etc., in consideration of all the circumstances shown in the arguments of this case.