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 28, 2011, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the wooden branch of the Gwangju District Court on January 28, 201.

On December 15, 2019, the Defendant, while under the influence of alcohol more than 0.03% of blood alcohol level around 21:48, driven a DNA strawing car from the front of the road in Gwangju Nam-gu, Nam-gu, Namnam-ro, Namnam-ro, Seoul, to the front road in approximately 5km-ro, Nam-gu, Namnam-do, 270.

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. A report on investigation (a review as to drinking water);

1. A traffic accident report;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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 was punished as a drunk driving, and the driving of the motor vehicle again led to the occurrence of a water-free accident in the instant driving process, and thus, the possibility of criticism and social risks are high.

However, in consideration of the fact that the criminal records of drunk driving and the date of the instant crime have a large interval of time between the criminal records of this case and the criminal records of this case, there is no history of punishment heavier than imprisonment with prison labor, and the criminal defendant repents the wrong facts.

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.