Defendant shall be punished by a fine of 12,000,000 won.

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

Punishment of the crime

[Power of violation of Article 44 (1) of the Road Traffic Act] The defendant was issued a summary order of KRW 700,000 by the Gwangju District Court on August 21, 2007 as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On November 12, 2019, at around 22:25, the Defendant driven an Espke car from around 300 meters from the front side of the restaurant in Gwangju Mine-gu to the front side of the same Gu, while under the influence of alcohol by 0.075% of alcohol level.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. Making a report on the control of drinking driving;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes governing the same electric power;

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he/she was punished once due to a drunk driving in violation of Article 44(1) of the Road Traffic Act, and once again was punished due to the previous drunk driving, so there is no possibility of criticism.

However, considering the fact that the previous crime of drunk driving was caused by the crime that had been committed 13 years prior to the previous 13-year period, the number of drunk driving in this case and the degree of drunk driving in the past are higher than other cases, the defendant has no record of punishment heavier than imprisonment with prison labor, and the defendant repents his mistake late and late, it is harsh that the sentence of imprisonment with prison labor is imposed on the defendant, and thus, the defendant is sentenced to a fine.

The amount of the fine shall be determined as per the order within the scope of the punishment without discretionary mitigation, taking into account the above factors of sentencing.