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 January 18, 2008, the Defendant was issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act by the Gwangju District Court.

On December 12, 2020, the Defendant driven an EMW car at approximately 3km from the front of the cafeteria referred to as the “C” restaurant located in Gwangju Northern-gu, to the front of Gwangju Northern-gu D, while under the influence of alcohol leveling to 0.086% of alcohol level during blood transfusion around 00:42.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation report of the case of driving the same kind of drinking);

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 53 and Article 55(1)6 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order constitutes the revocation value of driver's license, and thus, the possibility of criticism and social risks are high.

However, the Defendant did not have any history of punishment for the same kind of crime except for the Defendant’s one-time punishment due to drinking driving, and there is a high interval between the previous record of drinking driving and the date of the instant crime, and the Defendant sold the instant vehicle by mixing the Defendant’s mistake. However, since the odometer of the instant vehicle reaches 228,000 km, the selling of the vehicle is limited to only a favorable sentencing factor.

The defendant shall be sentenced to a fine in consideration of circumstances.

The amount of the fine shall be determined as ordered after the reduction of the amount in consideration of the above sentencing factors favorable to the defendant, within the scope of the sentencing range.