Defendant shall be punished by a fine of KRW 10,000,000.

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

Punishment of the crime

On April 27, 2016, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of Road Traffic Act (driving) at the Gunsan Branch of the Jeonju District Court on April 27, 2016, and on April 19, 2017, the above court issued a fine of KRW 4 million as the same crime.

On September 23, 2020, the Defendant driven D rocketing car under the influence of alcohol content of about 0.159% from the 1km section of approximately 1km to C in the front road located in the Hasan-si, Masan-si, Masan-si.

Accordingly, the defendant, even though he violated the prohibition of drinking under the Road Traffic Act at least once, was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. Previous conviction: A written reply to inquiry, such as criminal history, (A) the application of Acts and subordinate statutes confirming the same criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order provides that considering the risk of accidents that may cause the driving of drinking in the current road traffic situation where many and unspecified people habitually use, and the possibility of occurrence of serious damage therefrom, the social necessity for the driving of drinking is very high.

The legislative intent of the Road Traffic Act to stipulate the statutory penalty for driving under drinking two or more times under the Road Traffic Act is to reflect such legislative intent in prescribing a fine of not less than 10,000 won, but not more than 20,000 won.

Although the Defendant had already been punished twice due to drinking driving, there is no room for criticism and defense in that he has been forced to drive drinking in a state of drinking once again in a state of drinking.

However, various sentencing conditions such as the defendant's deep reflects on the crime, the circumstances before and after the crime, the defendant's age, ordinary character and behavior, occupation and family environment, etc. are particular.