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 June 22, 2007, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court as a crime of violation of the Road Traffic Act.

At around 01:30 on September 17, 2019, the Defendant driven CNAS car with a blood alcohol concentration of about 0.127% at a section of about 20 meters from the entrance from the underground parking lot to the inside of the above underground parking lot.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Reporting on detection of a violation of the Road Traffic Act;

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

1. Records of judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes of one 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. 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, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due to the drinking alcohol in this case.

However, there are various circumstances in which the Defendant recognized the instant crime and divided his mistake, the Defendant appears to have driven a relatively short distance in order to resume parking after having arrived at the parking lot near the place of business by using the substitute driving, and the circumstances are considered. The Defendant’s history of drinking driving is more than 12 years after the date of the instant crime, and the Defendant has not yet been punished for more than 12 years since the date of the instant crime, and the Defendant has no history to be punished for more than a suspended sentence, and the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence, etc., as indicated in the records.