Defendant shall be punished by a fine of KRW 10,000,000.

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

Punishment of the crime

On March 30, 2012, the Defendant was issued a summary order of KRW 3 million by the Seoul Western District Court for the crime of violation of the Road Traffic Act.

On November 11, 2019, at around 21:20, the Defendant driven DMW car from around 3 km to the front day of the road located in Jeonnam-gun B with the blood alcohol concentration of 0.157%.

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a 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 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Even though the defendant was punished for the sentencing of Article 334(1) of the Criminal Procedure Act, he/she again driven under drinking, the drinking alcohol level of this case is very high, and the accident was caused during the driving of this case.

However, a fine shall be imposed on a defendant in consideration of the fact that the criminal records of the defendant's drunk driving and the date of the crime in this case have a large interval of time, that the defendant has no record of having been sentenced to more severe punishment than imprisonment, and that the defendant repents the mistake.

The amount of the fine shall be determined as the lowest amount which does not reduce the amount by taking into account the above factors of sentencing.