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

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

Punishment of the crime

[Criminal Power] On October 19, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 13, 2020, at around 21:25, the Defendant driven a DNA car under the influence of alcohol concentration of about 0.087% in a section of approximately 20m of blood alcohol located in Ulsan-gu C parking lot located in Ulsan-gu B.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and on-site photographs;

1. Statement on the circumstances of a drinking driver, report on detection of a drinking driver, and inquiry report on the results of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports, and application of Acts and subordinate statutes of one copy of 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

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

1. Although there was a record of being punished for drunk driving prior to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the fact that the person committed the crime of drunk driving in this case is disadvantageous to the defendant.

The short distance of the driving under the influence of alcohol, the blood alcohol concentration is not high, the defendant recognizes the crime and reflects the depth of the crime, and the circumstances leading to the driving under the influence of alcohol are favorable to the defendant.

In addition, the sentencing conditions specified in the records and arguments, such as the age, character and conduct, environment, occupation, motive and consequence of the crime, the circumstances after the crime, etc., shall be determined as ordered by considering the whole circumstances.