Defendant shall be punished by a fine of KRW 10,000,000.

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

Punishment of the crime

On August 2, 2012, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act at the Gwangju District Court.

On October 29, 2020, around 00:25, the Defendant driven a DMW car at around 300 meters from the entrance of the front children's playground B in Gwangju Northern-gu to the parking lot at the same C administrative welfare center in the same Gu.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Criminal records stated in the defendant's legal statement, report on the circumstances of the driver who takes charge of driving under influence of alcohol: Application of inquiry, such as criminal history, response to inquiries, and summary orders;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, once he/she was punished as a drinking driver, once he/she drives a drinking again.

Since the social harm caused by drinking driving is serious, it is necessary to strictly punish it, and the alcohol level of the defendant's blood is 0.105%.

However, in consideration of the fact that there is time interval between the defendant's previous conviction and the day of the instant crime, there is no record of criminal punishment exceeding the fine, the circumstances leading to the driving of drinking, and the distance of the driving of drinking, etc., a fine shall be imposed on the defendant.

The amount of the fine shall be determined by comprehensively taking into account all the factors of sentencing, including the above factors of sentencing, the age, sex, environment, and the process of detection of the crime in this case.