Defendant shall be punished by a fine of 12,000,000 won.

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

Punishment of the crime

On January 2, 2009, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

Nevertheless, at around 00:10 on July 3, 2020, the Defendant driven a car with a 500-meter Dobluri rate up to the front of the wife population C around the wife population at the port of Permitted, as the Defendant was under the influence of alcohol of 0.17% of blood alcohol level around 00:10.

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

Summary of Evidence

1. Defendant's legal statement;

1. List of reports on detection of violation of the Road Traffic Act and 112 handling cases; and

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Previous convictions in judgment: Application of resident inquiry and criminal records, and summary order 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. 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 on the ground of sentencing of the provisional payment order is that the defendant, who has a record of driving a drunk, drives a motor vehicle again, and the nature of the crime is not less than that of the crime, but the result of the blood alcohol concentration due to drinking in this case is higher.

In light of the fact that the defendant's vehicle was considerably damaged by a telegraph operator in the course of driving under the influence of alcohol in this case, it seems that the risk of the driving under the influence of alcohol in this case was not significant.

However, in light of various circumstances, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result of the crime, etc., the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant recognized the crime of this case and divided his mistake; (b) the defendant's drinking driving record has passed more than 11 years since the date of the crime of this case; and (c) the defendant has no other criminal records other than the above one fine.