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

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

Punishment of the crime

On February 14, 2013, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court due to a violation of the Road Traffic Act.

On October 14, 2019, at around 21:30, the Defendant driven a Fpoter cargo vehicle while under the influence of alcohol content of 0.101% at a section of about 200 meters for E in front of the road located in Yangsan City B. D.

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. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (verification of the same kind of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and 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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

D. Unfavorable circumstances: The defendant's previous records of punishment for driving under the influence of alcohol, but again caused the crime of driving under the influence of alcohol, and considering the social harm and danger of driving under the influence of alcohol, the nature of the crime of driving under the influence of alcohol is not less severe, and the possibility of criticism is considerable, and the degree of alcohol concentration in blood is not low: The defendant's mistake is against his own crime, the distance of driving under the influence of alcohol is not long, and the danger of ordinary traffic, such as traffic accidents, has not occurred due to the driving under the influence of alcohol, the vehicle is disposed of after the crime, the defendant is sentenced to a suspended sentence due to the violation of the Illegal Check Control Act.