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

[Criminal Power] On November 21, 2008, the Defendant was issued a summary order of 1.5 million won by the Incheon District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

Around 00:40 on April 5, 2020, the Defendant driven D 2 truck from the 2km section of the Michuhol-gu Incheon, Michuhol-gu, Incheon, to the B apartment C, while under the influence of alcohol by 0.125% of blood alcohol concentration.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, criminal records, and application of statutes;

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) 3 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was that the defendant, even though he had a history of punishment once due to drinking driving, has re-driving the motor vehicle. The defendant's behavior is subject to criticism.

However, the records of the same kind of crime are 12 years prior to the 12-year period, there are no other criminal records, and the fact that the person does not drive under the influence of alcohol again is considered as favorable factors. In addition, the degree of other drinking, the age of the defendant, character and conduct, and the environment of the records of this case shall be determined as ordered by taking into account the various sentencing conditions of Article 51 of the Criminal Act