Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

[Criminal Power] On December 18, 2012, the Defendant received a summary order of KRW 2 million for a fine of KRW 2 million for a violation of the Road Traffic Act in the Changwon District Court’s through the Changwon District Court.

【Criminal Facts】

On August 15, 2020, the Defendant driven B rocketing car under the influence of alcohol at approximately 0.043% in the section of about 300 meters of blood alcohol level around the 177 string-ro 10,000 ancient bus terminal near the 15th ancient bus terminal.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the circumstantial statement of the driver and report on the circumstances of the driver’s license;

1. Criminal records as indicated in the judgment: Application of inquiry report on criminal records, etc. and investigation report (a) Acts and subordinate statutes attached to the same criminal records and 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 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. Although the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes and reflects the instant crime, the social harm caused by drunk driving is very serious and thus, it is necessary to severely punish the Defendant. Even though the Defendant had been sentenced to a fine for the violation of the Road Traffic Act of 2012, it cannot be said that the Defendant’s responsibility is somewhat weak in that he/she repeats the crime.

However, the fact that the defendant's blood alcohol concentration is relatively low to 0.043% shall be considered in sentencing.

In addition, comprehensively taking into account the circumstances leading up to the driving of the instant case, the blood alcohol concentration and driving distance of the instant case, the circumstances leading up to the detection of the crime of drinking alcohol, the Defendant’s age, character and conduct, criminal records, and distance between the previous and the previous crimes, etc., the sentencing factors of all cases similar to the sentencing factors indicated in the argument of the instant case shall be determined.