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

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

Punishment of the crime

On November 28, 2008, the Defendant was issued a summary order of KRW 500,000 by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On July 30, 2020, at around 21:35, the Defendant driven D 9 car from around 1.2 km to the front day of the mutually unclaimed restaurant in the North-gu North-dong, Gwangju to the “C” in the same Gu, while under the influence of alcohol of 0.049% of blood alcohol level.

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. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (verification of criminal records and investigation reports on a suspect's drinking time);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)6 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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, even though he was punished as a drunk driving, has a high possibility of criticism and social risks.

However, in consideration of the fact that the drinking water in this case is low, that there is a big interval between the defendant's previous record of drinking alcohol and the date of the crime in this case, that the defendant has no record of punishment heavier than imprisonment with prison labor, and that the defendant separates the mistake, etc., a fine shall be imposed on the defendant.

The amount of the fine shall be determined as per the order within the scope of the sentencing, after reducing the amount in consideration of the above sentencing factors favorable to the defendant.