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

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

Punishment of the crime

[criminal power] On August 8, 2012, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 8, 2012.

【Criminal Facts】

Around 09:40 on August 2, 2020, the Defendant was under the influence of alcohol with 0.056% of alcohol level 0.05%, and the Defendant driven Cbenz car at approximately 3 km from the front of the Gangnam-gu Seoul Metropolitan City B hotel to the intersection of the branch in accordance with the distribution of Seocho-gu Seoul.

Accordingly, the defendant violated the drinking driving regulations not less than twice.

Summary of Evidence

1. The defendant's legal statement, report on investigation results of the drinking driving control (report on the situation of the drinking driver) and investigation report (applicable to the Bamark formula);

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of force), and application of Acts and subordinate statutes of one summary order;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of fines for criminal facts

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 under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the Defendant had a record of being punished for driving under drinking around 2012, and the Defendant was driving under the influence of alcohol at the same time, and the responsibility for the offense is not somewhat weak.

However, the Defendant’s mistake and reflects the fact that the blood alcohol level was relatively low, and the crime of this case was committed in a manner that had not been resolved as of the preceding day’s drinking condition, and there are some circumstances to take into account the circumstances of the crime as of the day’s night driving. The instant drinking driving took place after the lapse of a considerable period from the previous crime of driving under influence, taking into account various circumstances, including the Defendant’s age, environment, occupation, criminal background, and circumstances after the crime, etc., and determine the sentence as ordered by the Disposition.