Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

On June 24, 2013, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act (driving) in the sex support by the Daegu District Court.

Although the Defendant had a record of violating the prohibition of drinking alcohol driving as above, at around 15:16 on July 26, 2020, the Defendant driven Datob while under the influence of alcohol with approximately 600 meters alcohol concentration of about 0.180% from the front side of the Gyeong-gun, Gyeongbuk-gun, Seoul to the front side of the road.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. The legal statement of the accused and the written statement prepared by the traffic accident-related person, report on the occurrence of traffic accidents, the actual condition investigation report and on-site photographs;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstantial situation of a drinking driver), notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to criminal records and summary orders);

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. In particular, the Defendant’s age, reflectivity, distance and degree of drinking driving, record of drinking driving (one time of a fine in 2013), etc. for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be considered.