Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On May 28, 2008, the Defendant was sentenced to a fine of KRW 1.5 million by the Busan District Court as a crime of violation of the Road Traffic Act.

On October 29, 2019, at around 23:50, the Defendant driven the E SP car while under the influence of alcohol 0.090% in the section of approximately 200 meters from the front of the CP, which is located in B, to the front of D.

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. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. An inquiry report on criminal records, etc., an investigation report, and the application of Acts and subordinate statutes of one summary order;

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) 6 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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

D. Unfavorable circumstances: The defendant had been punished for driving under the influence of alcohol, but again committed the crime of driving under the influence of alcohol again, and the crime of driving under the influence of alcohol is less likely to be criticized in light of the social harm and danger of driving under the influence of alcohol, and the degree of the blood alcohol concentration is not low as the ground for revocation of license: The defendant's act of committing the crime is recognized, and the defendant's act of driving under the influence of alcohol does not go against the wrong and again stop the same crime; the distance of driving under the influence of alcohol does not lead to the occurrence of the danger of general traffic, such as traffic accidents, etc. due to the crime of driving under the influence of alcohol; and the crime is committed under the influence of alcohol.