Defendant shall be punished by a fine of 12 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

On May 9, 2013, the Defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act at the Suwon District Court.

On July 6, 2020, the Defendant, while under the influence of alcohol of 0.096%, driven Emer trucking cars from approximately 35 km section from the front of the Seo-gu Northern apartment site B in Seoan-gu, Seocheon-gu to the front road located in the budget group C, in around 06:10.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the situation of running a motor vehicle at home);

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order statutes attached thereto;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

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 committed the crime of this case even though he had the record of being punished for a drunk driving in the past. As such, the crime of this case is not good, and the distance of drunk driving depends on 35 kilometers, and is discovered by the police called out after receiving a report that he will run under the influence of alcohol and driving, the danger of an accident is disadvantageous to the defendant.

However, in full view of the following factors: (a) the defendant has recognized his mistake; (b) the defendant has no criminal records of punishment heavier than the fine; and (c) the defendant has no criminal records of the crime in this case; (b) the circumstances of the crime in this case; (c) the degree of drinking alcohol; (d) the recovery and frequency of the punishment due to drinking driving;