Defendant shall be punished by a fine of KRW 10 million.

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

Punishment of the crime

[criminal power] On July 10, 2003, at the Incheon District Court, the Defendant was issued a summary order of KRW 700,000,000 to a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on October 30, 2015. On April 25, 2019, the Defendant was sentenced to a summary order of KRW 4,00,000 to a fine for a violation of the Road Traffic Act (driving). On May 3, 2019, the Defendant was sentenced to a suspended sentence of six months for embezzlement by the same court.

【Criminal Facts】

At around 20:10 on May 9, 2020, the Defendant driven a DNA car with the blood alcohol concentration of 0.146% from the “C” outdoor parking lot located in Seocho-gu Seoul Metropolitan Government to the front day of the above restaurant.

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

Summary of Evidence

1. Previous records of a criminal defendant's written notice of his/her court statement, statement and control of drinking driving and reporting by a police officer: Criminal history records, inquiry reports (attached to the same type of criminal records and a summary order), criminal investigation reports (attached to the same type of criminal records and a summary order), criminal investigation reports (attached to the judgment of suspended execution), application of Acts and subordinate statutes

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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 has the record of being punished for driving under the influence of alcohol around 2003 and around 2015, and even during the period of suspension of the execution of embezzlement on or around 2019, the Defendant was driving under the instant case, even though he was under the suspension of the execution, and the blood alcohol concentration level was considerably high, and the responsibility for the relevant crime is not weak.

However, the fact that the defendant's mistake is against himself/herself, it seems that he/she temporarily drives a short distance in order to allow a substitute driver to easily find the vehicle, and the drinking driving prior to around 2015 is for a long period from the drinking driving in this case.