Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Criminal facts

Some of the facts charged were corrected.

On January 16, 2015, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court as a crime of violation of the Road Traffic Act.

Nevertheless, at around 22:20 on December 8, 2019, the Defendant, while under the influence of alcohol at least 0.044% of blood alcohol concentration, violated the prohibition of drinking driving by driving DWE220 vehicles at approximately 1km from the gold basin located in the Geum-gu, Sungnam-si, Sungnam-si to the front road located in Sungnam-si B, Sungnam-si, at least two times.

Summary of Evidence

1. The defendant's legal statement made under the influence of drinking driving control (investigative records 8 pages), his/her oral statement made under the influence of drinking drivers (investigative records 13 pages);

1. Application of criminal records, reply reports, and summary order (28 pages of investigation records)-related Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, driven a car under the influence of alcohol level 0.044% of the blood alcohol level again even though he/she was punished by a fine due to drinking around 2015.

It shall be taken into account the fact that the defendant shows an attitude of recognizing and reflecting the mistake, and there is no other criminal records except for the previous criminal records and the previous criminal records once, and other circumstances such as the age and character of the defendant, the environment, motive, means and consequence of the crime, the punishment as ordered shall be determined in consideration of the circumstances after the crime.