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 June 25, 2015, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act (driving in Drinking) in the Gyeyang Branch of the Suwon District Court.

【Criminal Facts】

On December 23, 2019, at around 23:02, the Defendant driven a BMW car with a blood alcohol concentration of approximately 0.038% from around 500 meters to the front road of the king-dong, Suwon-dong, Suwon-do.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Notification of the result of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (Attachment to summary orders of criminal records on driving under the influence of a suspect);

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. Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in a workhouse;

1. Scope of applicable sentences under law: Fines of five million won to ten million won;

2. The decision of sentencing is that the defendant, who once was sentenced to a fine due to drinking driving, once again drives under the influence of alcohol, but the error is reflected, the drinking alcohol level is minor to 0.038%, there is no previous conviction exceeding the fine, the defendant must support his spouse and her her son and son during his/her individual rehabilitation, and all other conditions of sentencing shall be determined as the sentence as ordered by taking into account all the factors