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

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

Punishment of the crime

On October 28, 2008, the defendant was issued a summary order of a fine of 1.5 million won for the violation of the Road Traffic Act in the Busan District Court's Busan District Court's Busan Branch on October 28, 2008.

On November 22, 2019, at around 21:34, the Defendant driven an Era vehicle under the influence of alcohol content of about 0.077% from the 20-meter section from the front of the “C” parking lot located in Gyeonggi-si B to the D front Road.

Accordingly, even though the Defendant had a history of violating the prohibition of drinking driving, he again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of a suspect);

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the Defendant, even though he/she had a record of drinking alcohol driving, re-driving

However, the blood alcohol concentration at the time was relatively low, the distance of drinking driving is short, and the drinking driving power is 10 years prior to 10 years.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.